State lawmaker in trouble over infractions at his topless nightclub
Marshall Chronicle
March 5, 1998
Last week's action at the State Capitol
Numerous violations at Rep Stallworth's Tiger Lounge
Argus-Press
March 08, 1998
Politics is a family affair for Michigan dynasties
Detroit News
July 25, 1999
For the past week, the nation has been transfixed with the Kennedy dynasty. News also is made regularly by the Bush clan, which has an ex-president and two current governors -- including one now running for president.
Michigan politics also has had some mini-dynasties. Nothing very regal, or hardly as captivating as the Kennedys, Bushes, Roosevelts and Rockefellers before them.
Consider the Dingells of Michigan.
Rep. John Dingell, D-Dearborn, is dean of the U.S. House -- having held for nearly 45 years the congressional seat that his father, also named John, had for the previous 23 years.
His wife, Democratic National Committeewoman Debbie Dingell, is a power in the state party. Dingell's son, Sen. Chris Dingell of Trenton, has been in the Legislature since 1987.
The Downriver reign of the Dingells started with the 1932 election of John Dingell, Sr. in a district that then consisted of four wards in Detroit, but was vastly changed by redistricting.
That year also started a Downriver streak by U.S. Rep. John Lesinski, Sr. of Dearborn that ended in 1951, when he was replaced by John Lesinski, Jr. The son served until 1965.
In northwestern Michigan, a state Senate district was represented by three generations of Millikens -- not consecutively -- between 1897 and 1994. Bill Milliken, who later became Michigan's longest-serving governor, had the seat previously held by James T. Milliken, his father, and James W. Milliken, his grandfather and founder of the Traverse City department store run by all three.
The Legislature has had a succession of family teams -- father-son, mother-son, husband-wife and brothers.
Writing last week in the Wall Street Journal, Richard Brookhiser said: "Persistence of political families seems dissonant in a country whose war of independence was a revolt against King George III. ... Political families, finally, are an end run around the principle of term limits.
The law may be able to keep a man from succeeding himself endlessly, but there is no way to block a man's genes."
Oh, but there is. It's called the ballot box. Voters can interrupt political genetics. There's no divine right in politics.
And what of political genes of women? Ex-State Rep. Alma Stallworth's son, Detroit Democrat Keith Stallworth, is in the state House. So is Rep. Kwame Kilpatrick, D-Detroit, son of ex-State Rep. Carolyn Cheeks Kilpatrick, now a congresswoman.
Dynasty fans ask: Which Kilpatrick will run for mayor? Capitol watch
During the Legislature's summer recess, it's quiet at the state Capitol. Not so for Michiganians on Capitol Hill:
Rep. Nick Smith, R-Addison, played a key role in crafting a deal that led to passage of the GOP's $792 billion tax-cut plan.
The clincher was a provision he wrote that said income-tax reductions would be postponed "in any year the pay-down of (the national) debt is not accomplished" at a stipulated rate. It helped win over the GOP moderates needed for passage.
Because of the House vote, U.S. Rep. Debbie Stabenow, D-Lansing, missed President Clinton's Thursday forum on Medicare in Lansing. He praised her as "a wonderful supporter of our efforts to preserve Medicare and add the prescription drug benefit."
But Stabenow, who's challenging Sen. Spencer Abraham, was quoted by Associated Press as saying: "I'm not wedded to the president's approach on prescription drugs." The next day, Republican State Chairwoman Betsy DeVos called it "Debbie's doublespeak."
Citing a "rising tide of concern about potential sales or diversions" of Great Lakes and other U.S. fresh water, Rep. Bart Stupak, D-Menominee, introduced a bill for a moratorium on bulk export of such water. He was joined Rep. David Bonior, D-Mt. Clemens, and five other Great Lakes congressmen.
Rep. Pete Hoekstra, R-Holland, will be joined by officials of the AFL-CIO and business leaders at a Capitol Hill press conference Tuesday in support of his bill to eliminate the preference that federal prison industries get for selling products to federal agencies.
Michigan House quiet as peer stands accused
The Toledo Blade
May 31, 2001
State House may have to deal with its own troubled member
The Argus-Press
June 01, 2001
Legislator faces drug, laundering charges
Bangor Daily Times
July 03, 2001
Mich. official faces laundering, drug charges
Gaston Gazette
July 03, 2001
State representative indicted; linked to drugs
Ludington Daily News
July 03, 2001
State representative linked to drug dealer
The Daily Globe
July 03, 2001
State representative indicted on money laundering, drug charges
The Marshall Chronicle
July 03, 2001
State representative indicted, linked to 1980's drug dealer
The Argus-Press
July 03, 2001
Another lawmaker in trouble after fed indictment
Muskegon Chronicle, The (MI)
July 3, 2001
The state Legislature may again have to oust one of its own, for the second time in as many months, following money laundering and drug conspiracy charges against Rep. Keith Stallworth, D-Detroit.
Stallworth, 45, was one of 14 people named in a federal indictment unsealed Monday by the U.S. Attorney’s office in Detroit. The high-profile legislator turned himself in and was released on a $50,000 unsecured bond.
The indictment places the House of Representatives in a tough position, made even trickier by the May 24 expulsion of Sen. David Jaye. The Senate voted 33-2 to remove Jaye after a series of problems, including three drunken driving convictions, and accusations that he hit his fiancee.
“What happened with David Jaye increases the pressure on the House to take some kind of action,” said political newsletter editor Bill Ballenger. “The pressure from the media, from the public will continue to mount.”
House Democratic Floor Leader Gilda Jacobs, D-Huntington Woods, said Monday that it was too soon to say what course the House might take. She said House leadership may have something more definitive to say today.
“I think we have a little different situation here than the Senate did with David Jaye,” said Rep. Jim Howell, R-St. Charles, a member of the House Oversight Committee. “I imagine we’ll take this slow, take it judiciously.”
Stallworth had already faced three felony counts for lying about his voter’s registration and falsifying personal information on his driver’s license. He pleaded innocent to those charges Feb. 16 and could face up to five years in prison if convicted.
The most recent charges accuse him of taking $20,000 from an illegal drug deal, and purchasing four $5,000 cashier’s checks made out to himself. He cashed the checks and returned the cash to the person he got it from, according to the indictment.
Until now, the House has taken a wait-and-see approach. But the stakes have been raised.
Some options for the House include beginning steps to expel Stallworth, a move that would require a two-thirds vote. Or, it could remove him from his committees, and take away his staff and other privileges, pending the outcome of his criminal case. Or,it could wait.
“Politically, they could wait a while before they cry uncle,” said Ballenger, the editor of Inside Michigan Politics. “But if you’re asking me what should they do, I think they should move very quickly.”
The quandary will be especially difficult for House Democratic Leader Kwame Kilpatrick, who is running for mayor of Detroit. As the ranking House Democrat, Kilpatrick will be urged to make some kind of decision.
Ironically, Kilpatrick and Stallworth were elected to the House in 1994, largely on the names of their mothers. U.S. Rep. Carolyn Cheeks Kilpatrick and Alma Stallworth are both former state House representatives from Detroit.
“I just think it’s interesting that they came in together and now one faces a federal indictment and one is running for mayor of Detroit,” Ballenger said.
The best-case scenario for Kilpatrick and other House members would be a Stallworth resignation, Ballenger said.
If Stallworth is ousted it would create back-to-back expulsions, a troubling trend given that there’s been only one other expulsion in the Legislature in 160 years. But Ballenger said that possibility shouldn’t be seen as reflective of the entire Legislature, especially since Stallworth may yet resign.
Michigan state representative faces indictment
Repository, The (Canton, OH)
July 03, 2001
DETROIT — A state representative has been charged with money laundering and conspiracy to sell cocaine, marijuana and heroin, according to a federal indictment unsealed Monday.
Rep. Keith Stallworth, a Detroit Democrat, said he is confident he will be cleared of the charges.
The indictment charges 14 people with crimes including conspiracy to possess controlled substances with intent to distribute, conspiracy to launder monetary instruments, and murder. Stallworth is not charged in the murder count.
The indictment alleges he used cashier’s checks and his ownership of a Detroit night club to launder money given to him by drug dealers.
"I think I’ve served the people of Michigan," Stallworth said after appearing in court Monday afternoon. "My constituents know the work I’ve done."
Stallworth, 45, was released on $50,000 bond.
"This stuff is not true. It didn’t happen," said Dennis Mitchenor, Stallworth’s lawyer.
U.S. Attorney Alan Gershel said Stallworth surrendered when he learned of the indictment. The charges carry a maximum penalty of life in prison.
Stallworth is serving his third term in the state House, succeeding his mother, former Rep. Alma Stallworth. He is not eligible for re-election in 2002 because of term limits.
State rep charged with money laundering
Crain's Detroit Business
July 9, 2001
State Rep. Keith Stallworth, D-Detroit, was arraigned in U.S. District Court in Detroit on federal charges of assisting in a conspiracy to distribute illegal drugs and of money laundering.
According to the U.S. attorney's office, Stallworth and 13 others were indicted by a federal grand jury June 27.
The indictment alleges that on March 16, 1998, Stallworth laundered $20,000 by obtaining four $5,000 cashier's checks for an unnamed individual. The indictment also alleges some of the defendants in the case made "hidden investments" in a Detroit adult-entertainment club owned by Stallworth through a corporation called Stallworth Entertainment Inc.
State House member facing federal charges for laundering money and selling drugs to plead innocent
The Marshall Chronicle
July 20, 2001
State House member will plead not guilty
The Daily Globe
July 20, 2001
Michigan legislator denies guilt in U.S. criminal case
The Toledo Blade
July 21, 2001
Stallworth pleads innocent
Grand Rapids Press, The (MI)
July 21, 2001
DETROIT -- A state representative pleaded innocent on Friday to two federal charges of laundering money and selling drugs.
Attorney Christopher Andreoff entered the pleas on behalf of Rep. Keith Stallworth at the Detroit Democrat's arraignment in U.S. District Court.
The U.S. Attorney's office earlier this month charged 14 people with various crimes, including murder. Stallworth, 45, isn't charged with murder.
Although the indictment charges Stallworth with selling drugs, Andreoff said there's no specific allegation in the document that his client possessed or distributed any drugs.
"I'm clueless as to where this information is coming from," Andreoff said Thursday.
The indictment accuses Stallworth of using $20,000 from the sale of drugs to buy four $5,000 cashier's checks with Mathews listed as the remitter. But Andreoff said Mathews paid that money for Stallworth's club.
The charges against Stallworth carry a maximum penalty of life in prison. He remained free on a $50,000 unsecured bond.
Stallworth, serving his third term in the House, isn't eligible for re-election in 2002 because of term limits.
Stallworth asks his fellow lawmakers for help in criminal case
And that's fine, sources at the Attorney General's Office say. But his use of his House stationery and an aide draws fire.
Grand Rapids Press, The (MI)
August 16, 2001
LANSING -- State Rep. Keith Stallworth has asked some legislative colleagues for their help in his effort to beat criminal charges.
The Detroit Democrat may have broken House rules in doing so, according to a published report.
Faces two felony counts
Stallworth faces two state felony counts of lying about his voter registration and one felony charge of falsifying information on his driver's license. If convicted, he faces expulsion from the House.
In an Aug. 6 memo to other lawmakers, Stallworth asked that they write to Attorney General Jennifer Granholm and urge her to charge him instead with a misdemeanor.
Stallworth's legislative aide, Karen Lewis, sent the memo on Stallworth's House letterhead stationery, the Detroit Free Press reported Wednesday.
House Clerk Gary Randall said House rules do not specifically limit use of members' stationery. However, he said, "as you read the rules, they clearly state that all resources of a legislative office are to be used exclusively for legislative business."
Randall said it would be up to House Speaker Rick Johnson to pursue any possible violations. Johnson will review the memo and decide whether it was improper, said his spokesman, Kendall Wingrove.
It was not known how many lawmakers received the memo. Lewis did not return phone calls Tuesday, and Stallworth could not be reached for comment, the Free Press said.
House Minority Leader Kwame Kilpatrick did not receive the letter, said his spokesman, Jamaine Dickens.
The memo was accompanied by a letter from Keith Stallworth's brother, Thomas Stallworth III, who asked Granholm to reconsider the felony charges. Keith Stallworth has said he applied for the driver's license and registration in his brother's name to help him in a personal matter.
Also included was a form letter legislators could send to Granholm on their own letterhead. The letter describes Stallworth as "a committed and valued public servant" who is "facing a set of serious and complex challenges."
Stallworth is scheduled to go on trial Oct. 29 in Wayne County Circuit Court.
Drug charges not mentioned
Prosecutors say Stallworth attempted to obtain a bogus driver's license in order to cross the border into Canada. He was barred from Canada in July 2000 because of a domestic assault conviction in 1997.
If convicted of the charges, Stallworth, 45, faces up to five years in prison and a $7,000 fine.
In an unrelated case, Stallworth was indicted in July on federal felony charges of money laundering for a Detroit drug ring. His memo does not address that case.
Kilpatrick keeps county ties - Transition team members in line to head Detroit agencies
Detroit News, The (MI)
December 5, 2001
DETROIT -- People with significant ties to Wayne County government or with hefty county contracts are among those playing key roles in shaping Mayor-elect Kwame Kilpatrick's visions for city services.
Those who have been tapped to chair and serve on 24 transition committees were identified Tuesday by Kilpatrick spokesperson Bob Berg.
The panels have been meeting for weeks, and by Dec. 14 they are to suggest improvements that could occur during Kilpatrick's first 180 days in office.
Separately, Kilpatrick met with Gov. John Engler on Tuesday, but neither discussed the specifics of the conversation.
The transition team's participants are important because some of them are likely to serve as heads of the city departments their panels are studying. Others are spearheading groups that will help guide how the city functions over the next four years.
Kilpatrick didn't return calls seeking comment Tuesday. Most of those involved with the transition also didn't return calls seeking comment, saying they had signed confidentiality agreements required by Kilpatrick.
The high level of participation by individuals with links to the Wayne County government underscores the close relationship Kilpatrick and his family have with Wayne County Executive Edward H. McNamara, who played a significant role in supporting Kilpatrick's election. His father, Bernard Kilpatrick, is McNamara's chief of staff.
Those playing significant roles in the Kilpatrick transition who have ties to Wayne County include:
* Robert Polk, general manager of M2 International. He is chairing the committee on Detroit's City Airport. His firm was part of a three-team group that manages all Metro Airport construction projects. It has been responsible for running the county's sound-abatement program since 1999.
A federal investigator said this summer that company employees accepted gifts and favors. His wife, Sharon Madison-Polk, who contributed $3,400 to Kilpatrick's campaign, has said her firm was targeted because of race. She is chairing Kilpatrick's team on economic development.
* Howard Sims, president of Sims-Varner. He is co-chairing the Building & Safety Engineering committee with Eric Sabree, deputy director of the city's Planning and Development Department. Sims is listed as a $3,000 contributor to two campaign committees of McNamara.
In 1992, Wayne County awarded Sims-Varner a 10-year, $1.5 million contract for designing changes to terminals at the county-run Detroit Metropolitan Airport. The county increased the contract by $666,000 in 1996 and by $500,000 more in 1998, according to an Aug. 31 state audit report.
* Pratap Rajadhyaksha, a longtime friend of Kilpatrick ally Arthur Blackwell. He is chief operating officer of DLZ Inc., formerly Snell Environmental. Rajadhyaksha contributed $3,400 to McNamara during the last campaign-finance reporting period. In 1997, the county awarded Snell Environmental a $1.1 million contract to minimize damage to wetlands caused by a new runway under construction at Metro Airport. Rajadhyaksha is chairing the committee that will reshape the city's Water and Sewerage Department.
* Frank Torre, head of Pontiac-based Torre & Bruglio. He co-chairs the Detroit beautification team with Kilpatrick's longtime friend, Bobby Ferguson. Torre, whom McNamara calls an old friend, contributed $3,100 to two McNamara political funds and has held the landscaping contract for Metro Airport for six years, despite being underbid.
* Gerard Phillips, deputy director for human resources for Wayne County and a McNamara loyalist. He is heading the transition team looking into neighborhood city halls.
* Wayne County Commission Chair Ricardo Solomon, who may seek a bid for Wayne County executive. He is co-chairing the public lighting team with Detroit attorney Linda Bernard, who formerly headed Wayne County Neighborhood Legal Services. She is now president of L.D. Bernard and Associates.
* Markeith Weldon, the 31-year-old owner of Express Personnel Services, who allowed his southwest Detroit office to serve as one of the headquarters for Kilpatrick's campaign. He co-chairs the employment transition team. He said his team has been interviewing city officials as part of its work.
In addition, Kilpatrick has tapped several of his colleagues in Lansing to help with the transition.
Detroit state Reps. Keith Stallworth, Triette Lipsey-Reeves, Lamar Lemmons and Belda Garza are working with the transportation, cable commission, neighborhood and consumer affairs committees, respectively.
The transition
What: Mayor-elect Kwame Kilpatrick has created 24 committees to address city-service improvements.
Goal: The groups are using the 39 transition books created by appointees of Mayor Dennis Archer's administration to devise plans to improve city services.
Target: The groups are to complete their recommendations by Dec. 14. Kilpatrick wants improvements that can be completed within 180 days.
Notables file for Detroit seats
Term limits force former officeholders to scramble for new local, state posts
Detroit News
May 15, 2002
DETROIT -- In what has become a staple of Wayne County politics, popular names and perennial candidates dominated the list of those who filed for office with the Wayne County Clerk's office by Tuesday's 4 p.m. deadline.
That includes a pair of embattled legislators: one who resigned from the Legislature and another who is facing felony charges a county commissioner who is trying to return to his earlier job as state representative and several candidates with strong ties to Mayor Kwame Kilpatrick.
A state law that limits state House members to three two-year terms and state senators to two four-year terms is contributing to a churn of Detroit officeholders between state and local posts.
"Term limits, instead of expelling the ants from the jar out into the grass, simply makes them run frantically around the interior of the jar and bite each other on the hind ends," said William Ballenger, editor of Inside Michigan Politics.
Among those making a bid for office:
* Henry Stallings of Detroit, who resigned from the Legislature in 1998 after pleading guilty to a felony charge of taking more than $100 under false pretenses. Stallings is running in the Legislature's 7th District, part of a 13-person field that includes Virgil Smith, the 22-year-old son of the former state senator.
* In the House's 8th District, former state Rep. Alma Stallworth, D-Detroit, is running for the seat now held by her son, Rep. Keith Stallworth. He is facing a federal money-laundering charge and three felony counts of lying on his driver's license. Alma Stallworth, who is eligible for only one two-year term because she already served four years under term limits, is part of a 11-candidate field. It includes George Cushingberry, a Wayne County commissioner whose earlier state House stint doesn't hinder his return, because it was prior to term limits.
There have been rumors of a seat swap between Cushingberry and Keith Stallworth. Though each is running for the seat now held by the other, there's a wrinkle that suggests the deal may have gone south. A C. Cushingberry, a former sister-in-law of the county commissioner, is running for the commission against Keith Stallworth. The elder Stallworth is running for state representative in the race against George Cushingberry.
* The commission's 6th District race is among the county's most contested. Besides Stallworth, the race also includes Linda Bernard, who formerly headed Wayne County Neighborhood Legal Services and is now president of L.D. Bernard & Associates, and Keith Williams, husband of Wayne County Clerk Cathy Garrett.
* Several Kilpatrick allies are also among those who filed for office. That includes the mayor's uncle, Marvel Cheeks, who is running for the 9th House District political strategist and Kilpatrick campaign worker James Houze, who is running in the 11th District and Marsha Cheeks, the mayor's aunt, who is running for the 6th District against Fred Durhal Jr.
"I have the family's support," said Marvel Cheeks, as he scanned the list of opponents late Tuesday at the Wayne County Clerk's Office. "This is the Cheeks machine."
The mayor was Democratic leader of the House and his mother, U.S. Rep. Carolyn Cheeks Kilpatrick, also served in the House.
Eight candidates are vying for the Wayne County executive post. They include former Detroit Police Chief Benny Napoleon, Wayne County Register of Deeds Bernard Youngblood state Sen. Joe Young Jr., D-Detroit Wayne County Sheriff Robert Ficano and Wayne County Commission Chair Ricardo Solomon.
Former lawmaker faces trial
Grand Rapids Press
November 7, 2002
DETROIT -- A trial for state Rep. Keith Stallworth on a felony count of money laundering has been set for March 4.
The date for the trial in U.S. District Court was set Tuesday.
Stallworth is charged with laundering money for a drug ring and conspiracy to sell cocaine, marijuana and heroin. The maximum penalty is life in prison.
In an unrelated event, Stallworth faces separate felony counts of breaking state law by lying about his voter registration and falsifying personal information on his driver's license.
If convicted on all three state charges, he could be sentenced to up to five years in prison and fined $7,000.
Stallworth said he is innocent of all the charges.
Former state rep to plead to felony
Detroit News, The (MI)
March 2, 2003
DETROIT -- Former state Rep. Keith Stallworth, D-Detroit, will plead guilty to a count of money laundering to avoid a federal trial, his lawyer said.
Under the terms of a plea agreement to be signed and filed in U.S. District Court this week, Stallworth will plead guilty to filing a false currency transaction report, a felony, said his attorney, Christopher Andreoff.
"This is a technical violation," Andreoff said.
In return for the guilty plea, the government will drop the more serious charge of conspiracy to distribute cocaine, marijuana and heroin.
Under federal sentencing guidelines, Stallworth could get as little as probation and as much as seven months in prison, in addition to a fine, Andreoff said. U.S. District Judge John Corbett O'Meara will hear Stallworth's plea agreement Friday. The U.S. Attorney's Office did not return telephone calls seeking comment on the planned deal.
Stallworth, the one-time owner of a Detroit strip club, was elected to the Wayne County Commission in November, after six years in the state House.
He was among 14 people indicted by a federal grand jury in 2001 on charges of selling cocaine, heroin and marijuana during the late 1990s, and money laundering.
The indictment alleged that on March 16, 1998, Stallworth received $20,000 from a drug trafficker. Stallworth then bought four $5,000 cashier's checks, cashed them and gave the proceeds to the same individual, the indictment alleged.
The government requires individuals to file a currency transaction report anytime they have a transaction of more than $10,000 in cash.
In a separate legal matter, Stallworth faces trial March 17 in Wayne Circuit Court on a felony charge of violating election law.
Correction: An article on Page 1C of Sunday's Metro section should have said that former state Rep. Keith Stallworth may plead guilty on Friday to a charge of structuring a financial transaction for the purpose of evading the reporting provisions of federal bank law. (March 5, 2003 A2)
Stallworth Should Resign from Wayne County Board
Pleading guilty to financial dishonesty disqualifies the commissioner from office
Detroit News, The (MI)
March 10, 2003
Wayne County Commissioner Keith Stallworth should resign from the commission. He entered a guilty plea Friday in Detroit Federal Court to filing a false currency transaction report -- a felony.
The precise legal authority of his fellow county commissioners to remove him is murky. But under his plea agreement, he reportedly will have to serve up to seven months in jail and spend two or three years on probation.
Under the plea deal, according to published reports, the government dropped other charges of conspiracy to distribute such drugs as heroin and cocaine.
Stallworth's guilty plea acknowledged that four years ago he directed another person to purchase four cashier's checks -- which guarantee payment -- in amounts totaling $20,000. The checks should have indicated that they were owned by Stallworth, but instead indicated some one else as the owner.
The nature of the charge -- financial duplicity -- should disqualify Stallworth for a position of trust on the county commission. After all, the commission ultimately makes decisions on a multimillion-dollar budget.
Stallworth will be dealing with his own legal problems and possible jail time. He is in no position to help his constituents. For their sake, and the sake of his fellow commissioners, he should do the dignified and graceful thing and remove himself from office.
Stallworth may be censured
Wayne County board pushes for his resignation
Detroit News, The (MI)
March 14, 2003
DETROIT -- Wayne County commissioners may bring a vote of censure against Commissioner Keith Stallworth as they try to build pressure for him to resign after his recent felony conviction.
Stallworth, a former state representative from Detroit who was elected to the Wayne County Commission in November, pleaded guilty March 7 to structuring a financial transaction to evade federal currency reporting requirements. That is a 5-year felony.
Commission attorneys said there is no clear legal requirement for Stallworth, 46, to resign his seat. The commission has sought clarification from Gov. Jennifer Granholm, who may remove elected officials in certain circumstances.
But as they seek to enhance their collective image after more than two years of criticism for poor oversight of scandal-plagued county contracting, some commissioners aren't prepared to wait.
"He should definitely resign," Commissioner Ilona Varga said. "It's the image that it would give and the message that it would send to youngsters and other people running for office."
Stallworth, who is to be sentenced on the federal charge June 23, also faces state charges related to possessing two driver's licenses. That trial, which had been set for Monday, is now scheduled for May 6.
Varga said it doesn't appear the 15-member commission has the power to impeach Stallworth, but it could censure him or pass a motion calling on him to step down. "I would be surprised if it wasn't a super-majority," in favor of such a motion, she said.
Top commission officials were reportedly negotiating with Stallworth late Thursday over a possible resignation and its timing. They declined to comment.
If Stallworth does resign, it will result in a special election in District 6 in north Detroit. Commissioners serve two-year terms and are paid about $70,000 a year.
Stallworth was originally indicted on charges of money laundering and drug conspiracy, but those charges were dropped. He did not return telephone calls for comment on Thursday.
Ruling keeps Stallworth out of commission seat
Detroit News
March 26, 2003
DETROIT -- Keith Stallworth lost his seat on the Wayne County Commission when he pleaded guilty to a federal felony charge, a judge ruled Tuesday.
Wayne County Circuit Judge Edward Thomas dismissed Stallworth's lawsuit aimed at keeping the $70,000-a-year post.
Stallworth, a former state representative, submitted a March 13 resignation letter under pressure from his colleagues and delivered March 18 what commissioners thought was a farewell speech.
But Stallworth, 46, of Detroit, argued commissioners had unwittingly voted to accept a March 14 letter withdrawing his resignation -- not the resignation itself.
Stallworth pleaded guilty March 7 to constructing a financial transaction to evade federal currency reporting requirements, a 5-year felony. He is scheduled to be sentenced June 23.
Thomas accepted the county's argument that state law provides for officeholders to lose their posts upon pleading guilty to crimes punishable by imprisonment.
"At the end of the day, it never mattered whether he resigned or not, or whether they accepted his resignation," said Wayne County Corporation Counsel Azzam Elder.
Stallworth didn't immediately say whether he plans to appeal. "He is currently considering his options," said his attorney, Dennis Mitchenor.
The decision clears the way for Cheryl Cushingberry, appointed by the commission to hold Stallworth's seat until a special election is held.
Commission Chairwoman Jewel Ware said she would meet with Cushingberry today to discuss committee assignments.
April 30, 2003: Tamara Greene, who knew MI State Representative/Wayne County Commissioner Keith Stallworth "very well" and was "believed to have also known Detroit Mayor Kwame Kilpatrick" was gunned-down/murdered. Tamara Greene was also reportedly assaulted by Mayor Kilpatrick's wife at a party that reportedly took place at the mayor's mansion in the Fall of 2002.
Tamara Greene Autopsy
Office Of The Wayne County Medical Examiner
April 30, 2003
http://info.detnews.com/pix/2008/pdf/tamaragreenautopsy.pdf
Kwame Kilpatrick addresses allegations of party at Manoogian mansion
WKBD Detroit
May 15, 2003
Former state rep sentenced in felony
Detroit News
January 14, 2004
DETROIT - A federal judge sentenced former state Rep. Keith Stallworth to six months of home detention after pleading guilty to a felony.
The government indicted Stallworth, along with 13 others in June 2001, on charges of conspiracy to distribute cocaine and marijuana. The government is seeking the death penalty against the lead defendant, Milton "Butch" Jones, who is awaiting trial. Jones also is charged with the drug-related murders of two men.
In 1996, Stallworth invested in "Tiger's Lounge," a Detroit strip club that the government charges was used to launder drug money.
Stallworth, 47, served in the state House from 1997 until 2002, when he could no longer run because of term limits. His mother, Alma, again was elected to the state House in November 2002.
Stallworth resigned as Wayne County commissioner in March shortly after he pleaded guilty to deliberately causing the filing of a false currency transaction report.
In court Tuesday, Stallworth took responsibility for making mistakes and entering "a life-changing and life-threatening entanglement."
"Some would call it reckless and I would call it careless," Stallworth said. He said he had suffered a "public flogging" as a result.
Assistant U.S. Attorney Joe Allen said that as a result of Stallworth's actions, "drug traffickers took over that lounge."
He purchased five cashier's checks for $5,000 each in an effort to evade the government's requirements that all transactions over $10,000 be reported to the Internal Revenue Service. They also didn't identify the true source of the cash ? Allen said the money was from the proceeds of drug trafficking.
Stallworth then returned the money to the drug trafficker, the government stated in its 2001 indictment.
Judge John Corbett O'Meara rejected Allen's request that he order Stallworth to spend time in prison. Under the plea agreement, he could serve no more than seven months.
O'Meara ordered Stallworth to wear an electronic monitor and remain at home for six months. He must also pay a $3,100 fine, be on probation for three years and perform 100 hours of community service.
Sign of the Times
Detroit News
February 3, 2004
The high number of shootings and murders in Detroit is not the police fault. It's not my fault, a church fault, a school fault. It's a direct trickle down effect of this city's leadership.
These wanna be's are just acting out what they see being manifested by the mayor. Yup. I really think this. It's a direct cause and effect. It's all about attitude and public persona. We have a young man in office who is not just intimidating due to his size, but also due to his personality but most of all due to the power that comes with the office he holds.
He comes across as brash, arrogant, living fast, bringing with him a gang of officers that might as well put on sunglasses and bowties for all the warmth and humanness they portray. This is a mayor who sees nothing wrong with more adult bars opening up along 8 Mile, who's Minister of Culture (or whatever fancy name given that department) is married to a guy who will more than likely be opening up an adult bar almost right across the street from Rev. Edgar Vann's church.
This is a woman who is in charge of culture in Detroit? In interviews she said she doesn't know what business her husband is getting involved in. Excuse me? She sleeps with the man, is married to the man, shares everything with the man, and she doesn't know his business? Yeah, right.
I'm waiting for her to lobby for "men's clubs" as fund raisers for the DIA, AAMA, and other city owned ventures. Gee, maybe she could get Janet Jackson and Justin Timberlake to re-do their Super Bowl scene. After all, Janet does wear nipple guards to hide her nipple so all we're seeing is lots of flesh. How bad can that be?
Oh yes, let's not forget Mrs. Mayor. Did she fly to the Carribean to take over for her bestest friend in the whole world at a private vacation spot where clothes were a no-no? What a wonderful example that set. Did she take the children?
The list could go on and on about lifestyles that have no business in the mayor's office, but the most important view on character and leadership can be found in the mayor's support, in written form, to a federal judge on behalf of his buddy Keith Stallworth, a convicted felon who laundered drug money, tried to fraudently obtain a driver's license from the Secretary of State, owned a topless bar that was notorious for drugs, prostitution and guns.
This is a guy the mayor thinks is highly ethical and spiritual who has a deep commitment to the community? What community? Not mine! Maybe the gangster community, or the pimps and whores community, but definately not my community nor any community I'm in contact with. I'm waiting for the mayor to give his buddy a job, maybe Chief of Police? Or how about Economic Development?
This is what I mean about how the kind of leadership from the mayor's office and the character and integrity of the person who holds that office can affect the thug on the street or the kid in school who thinks it's OK to emulate the mayor in attitude, brashness, disrespect of authority and touting base animal pleasures as the highest form of existence.
Look about you Detroiters. What you have as leader is what you'll get as citizen. And the police department? The men and women and their immediate commanders are all subject to the whims and pleasures of the person at the top. It's all very political and it's all very scary. Whatever it is, it's made me very cautious about who I vote into office, whether at the city level or at the national level. Or who I want to vote out of office. Bush? Kilpatrick? Looks the same to me.
Homicide cop sues Detroit mayor
Officer claims he was transferred for probe of dancer's murder
Detroit News
April 22, 2004
DETROIT - A police lieutenant filed a whistleblower lawsuit Wednesday against Detroit's mayor and police chief, claiming he was transferred for pressing an investigation into the murder of an exotic dancer.
Lt. Alvin Bowman says he was reassigned this month after pursuing the investigation of the woman's death one year ago. Her murder also was investigated by the Michigan State Police and Attorney General's Office as part of an inquiry into Detroit Mayor Kwame Kilpatrick and his police security detail.
Bowman is the third veteran Detroit officer in the past 11 months to seek damages through lawsuits, claiming they were reassigned or fired in connection with allegations stemming from a rumored wild party at the Manoogian Mansion, the mayor's residence.
Kilpatrick has said no party took place.
Bowman, a Detroit officer for 31 years, headed a homicide squad investigating the murder of dancer Tamara Greene, who may have performed at the alleged Manoogian party, the suit says.
Detroit Police Chief Ella Bully-Cummings issued a statement Wednesday saying Kilpatrick's office had no involvement in Bowman's transfer and was "not aware of the cases he was investigating."
"I decided to reassign Lt. Bowman because he did not follow department procedures, and it is unfortunate that he is spinning a conspiracy theory to cover his own failings," Bully-Cummings said. "This is a decision I made for the good of the department." The statement did not elaborate on which procedures Bowman didn't follow.
Top police officials, including Assistant Chief Harold Cureton and Lt. Billy Jackson, the officer in charge of homicide, declined to comment.
The Michigan State Police and Attorney General's Office reviewed Greene's slaying as part of a wide-ranging probe into the alleged Manoogian party.
After a five-week investigation, state Attorney General Mike Cox announced last June that he had found no wrongdoing by the mayor or his aides. His investigation also found no link between them and Greene's death.
"There is absolutely no evidence ? outside of outlandish rumor ? of the so-called Manoogian Mansion party. Nor is there any evidence of an obstruction of justice by the mayor or anyone working for him," Cox said.
Officers wary
In November, Bowman became a supervisor of the homicide squad that was investigating the death of Greene, 27, who was known by a stage name, Strawberry.
"Some of the members of the squad were less than enthusiastic about working the investigation because if (Greene's) death were somehow connected to the alleged Manoogian Mansion party, pursuing the investigation could result in getting them transferred, or worse yet, ending their police career," the suit said.
It also alleged that a confidential informant claimed a second dancer who may have performed at the party had been killed in Georgia. The suit offered no corroborating evidence and noted that the informant "had few specifics."
State Police contacted Bowman in February to discuss their investigation into Greene's death. She was killed in an early morning drive-by shooting, as she and a companion were sitting in a car.
On March 10, State Police detectives turned over the results of their investigation to Bowman and other officials. Bowman then met with Bully-Cummings and Cureton.
"Bully-Cummings said to Bowman that she wanted the case file put away safely and did not want the discussion to go outside of this room," the suit claimed.
Cureton reportedly held his head in his hands and asked: "Can't they just let this ... go away?"
The case was then transferred to the Cold Case squad, which is responsible for reviewing long unsolved cases. The suit claims it typically only investigates cases more than two years old.
Evidence lacking
On April 6, soon after he forwarded another package of State Police documents to the cold case squad, Bowman was transferred out of the homicide unit and to a uniformed position at the Second Precinct.
The Detroit News on Wednesday obtained about 50 pages of the State Police file connected to Greene's death. It shows the extensive lengths to which police went to try to confirm Greene's involvement in a party.
The State Police reports don't identify any witness who claims directly that Greene attended any party.
George Howard, who was Greene's brother-in-law, told State Police Det. Sgt. John Figurski Dec. 11 that Greene "danced at parties attended by influential people from the city of Detroit" ? but said he knew nothing of any alleged party at the Manoogian Mansion.
Another witness claimed a dancer told him that she and Greene danced at the party ? but the witness provided no confirmation.
Police obtained Greene's funeral registry and began contacting many of the roughly 300 people who signed. They obtained many of the phone numbers from Greene's Nextel phone.
Other lawsuits
The other two officers who have sued recently lost a court battle to force Kilpatrick to submit to questioning about the alleged retaliation. They are seeking a combined $14 million.
Gary Brown, a former Detroit police deputy chief and 26-year police veteran, filed suit in June after he was fired as head of the Professional Accountability Bureau. He was leading an investigation into allegations of criminal activity by the mayor's bodyguards and an alleged wild party, assault and cover-up at the mayor's residence.
Brown was fired nine days after Greene's murder, Bowman's suit notes, though there is no evidence to link the two events.
Officer Harold Neltrope, an 18-year-veteran who was formerly a member of the mayor's executive protection unit, also filed suit in Wayne Circuit Court in June.
All three officers are represented by Michael Stefani, a Royal Oak lawyer.
The alleged links between Greene's death and the rumored party were first reported by an unnamed Detroit newspaper writer, Stefani said, declining to name the reporter or the newspaper.
Stefani said he expected the reporter's identity to be revealed during the course of the lawsuit. The reporter "passed this information on to several members of the department and very little was done to investigate Strawberry's death," Stefani's suit said.
Bowman has been on medical sick leave since his transfer, he said. Neltrope is also on stress leave, police said.
Internal affairs?
Detroit Metro Times
May 26, 2004
Before the Free Press printed the contents of tawdry text messages between Mayor Kwame Kilpatrick and his chief of staff, Christine Beatty, and before the recent civil trial where the two officials denied under oath that they were romantically involved, there was this Metro Times story that first brought the allegations of infidelity to light. From the outset, Kilpatrick’s response has been to steadfastly deny any illicit behavior and attack his accusers as liars seeking a big payoff in court. And that gets to the core of what has always made this an important story — not allegations of philandering, but rather the actions of a mayor willing to ruin the careers of two police officers in order to protect his public image.
— Curt Guyette, 1/25/08
Allegations that Mayor Kwame Kilpatrick has engaged in extramarital affairs reverberated through Detroit late last week. Once the story broke Friday afternoon, print, radio and television news outlets rushed to provide broad coverage of sworn statements contained in court documents.
The mayor offered a wholesale denial of the allegations at a news conference later that same day, saying the accusations are coming from people with an ulterior motive: money.
Gary A. Brown, former head of the Detroit Police Department's internal affairs unit, and Officer Harold C. Nelthrope are seeking a combined $14 million in a Whistleblower Protection Act civil lawsuit filed last year against the mayor, the city and others.
Many of the allegations, first reported by Metro Times on its Web site, were contained in confidential mediation summaries that document the basis for Nelthrope's and Brown's cases. Those summaries were recently presented to a three-lawyer mediation panel, which proposed a settlement figure.
In a May 20 memo to the Mayor's Office and the city's Law Department, Councilwoman Sharon McPhail wrote: "Word has reached me that these cases have been to mediation and that the mediation amounts proposed by the panel for these two cases totals over 2 million dollars."
McPhail wouldn't comment on her memo or any other aspect of the case, though her memo states that any settlement should, by law, get council consideration.
Each side has until June 1 to accept or reject the proposed settlement. If either side balks, the civil case will proceed to trial.
Kilpatrick administration officials did not return calls seeking comment on Monday. Metro Times' requests for a copy of the city's mediation summary were ignored.
Mike Stefani, attorney for Brown and Nelthrope, would not comment on the amount of the settlement proposal, but said he expects this case to go to trial.
While the alleged sexual escapades have been a focus of media attention, if the city ends up paying out millions of dollars, it will be because of allegations that officers were retaliated against for simply doing their jobs rather than the mayor's alleged "philandering."
"When he [the mayor] lets a private matter affect how the city is run, then that personal matter becomes a public matter," says Stefani.
Beatty at the crux
Key to the case is mayoral chief of staff Christine Beatty, one of at least four women the plaintiffs accuse the mayor of having trysts with.
Beatty did not return calls seeking comment.
As with the mayor, the accusations leveled against Beatty are newsworthy because of actions she and others in the administration allegedly took to conceal the purported infidelity.
Among other things, the plaintiffs' mediation summaries accuse Beatty of lying about the sequence of events that led to Brown's removal as head of the internal affairs unit.
Attorney Stefani tells Metro Times that the Michigan State Police asked the Attorney General's Office for an arrest warrant charging Beatty with perjury and obstruction of justice, but that the attorney general declined.
Asked specifically about Stefani's assertion, Matt Davis, spokesman for Attorney General Mike Cox, would only say that there was "no basis to make any charges" at the conclusion of a state investigation into allegations of abuses by Kilpatrick's security unit.
Nelthrope contacted internal affairs in April 2003 with allegations that some members of the mayor's Executive Protection Unit were fraudulently padding time sheets, drinking while on duty and covering up accidents involving department vehicles. Nelthrope also reported rumors of a party involving strippers at the mayoral residence, the city-owned Manoogian Mansion.
Investigations by the attorney general and State Police found no evidence the party had occurred. However, prior to the launch of those investigations, the administration released a confidential report identifying Nelthrope as the source of the allegations. And Brown, a 26-year veteran, was removed as the head of internal affairs. Two other high-ranking members of the unit were transferred out.
In addition, two other officers have since filed lawsuits also claiming retaliation.
Officer Walt Harris, who served as a bodyguard to former Mayor Dennis Archer during his administration, alleges that he became the target of a smear campaign after he cooperated with state investigators last year. Harris resigned from the department and moved to Indiana.
Last month, Lt. Alvin Bowman filed a lawsuit against the city alleging that he was transferred out of the homicide division for investigating the killing of Tamara Greene, a 27-year-old stripper who claimed to have performed at the Manoogian Mansion party that the attorney general called an "urban myth."
Kilpatrick came into office riding campaign promises to clean up a troubled Police Department being investigated by the U.S. Justice Department. Now, claim some, attempts at reform have been dealt a severe blow.
"This has definitely had a chilling effect," says Officer Reggie Crawford, a 27-year veteran.
The Kilpatrick administration, says Crawford, "has an agenda to discourage officers from reporting improprieties" on the part of the mayor and those close to him.
"Some of us will continue to step up and step forward," says Crawford, who helped establish a reward fund in an attempt to find Greene's killer. "But it makes it difficult going to work every day."
There are other repercussions as well.
"Officially, I'm waiting to see what turns up in the court process," says City Council President Maryann Mahaffey. "I'm not assuming anyone's guilty. But this is a terrible cloud hanging over our heads when there are such needs out there."
The controversy is boiling over as the city attempts to deal with a pending budget deficit of more than $300 million, and Mahaffey is concerned about the time and energy the Kilpatrick administration must spend defending itself in court.
"We don't need to have everything tied up in this," says Mahaffey. "We have services to deliver."
The allegations
The Whistleblower Protection Act civil suit brought by Nelthrope and Brown hinges on allegations that members of Kilpatrick's security unit abetted a "playboy lifestyle" that included extramarital trysts. The two officers claim their careers were ruined when it appeared they might reveal the mayor's behavior, according to the mediation summaries.
The suit names Kilpatrick, former Police Chief Jerry Oliver, media consultant Bob Berg and the city of Detroit as defendants.
At a hastily called news conference outside the Coleman A. Young Municipal Center late Friday afternoon, Kilpatrick issued a sweeping denial, calling all the allegations contained in the mediation summaries "lies."
"These individuals want money," said Kilpatrick. "They will say anything to get money."
Kilpatrick pointed out that the Michigan Attorney General and State Police had already investigated the allegations and found them to be false.
However, attorney Stefani tells Metro Times that investigators from the state — who were probing rumors of the party at the mansion and allegations against members of the mayor's security detail — were told of the affairs and explicitly said they had no interest in investigating them.
City attorneys had tried to keep the allegations from becoming public by obtaining a court order that sealed sworn depositions in the case. They had also tried to keep Kilpatrick and his wife, Carlita, from being deposed.
On Friday, Wayne County Circuit Court Judge Michael Callahan ruled that the Kilpatricks must provide deposition testimony to Stefani before the end of June. City attorneys have appealed that decision in the hope they can still prevent the mayor and his wife from having to testify under oath.
Callahan, responding to a motion filed by the Detroit Free Press, also ruled Friday that depositions previously sealed by Judge Kaye Tertzag were to be unsealed.
Much of the testimony describing Kilpatrick's alleged illicit trysts is provided by Harris, who claims he suffered retaliation for providing information to investigators from the Attorney General's Office and Michigan State Police who were probing Nelthrope's allegations.
While the AG announced that there was no evidence to indicate that the Manoogian party ever had occurred, he did find overtime pay abuse on the part of Kilpatrick's security unit, which, at the time, was dominated by Kilpatrick's longtime friend, Officer Loronzo "Greg" Jones.
According to the mediation summary, neither Jones nor Martin suffered repercussions for "defrauding the overtime system and failing to report accidents." Although both initially transferred from the EPU to other assignments, "there was no Detroit Police Department follow-up investigation" to departmentally discipline them, according to court documents.
"For the department not to pursue discipline charges against these two men sends a clear message to the entire Department that the Mayor's friends are above the law," asserts Stefani in one mediation summary, which notes that Martin is back working on Kilpatrick's security detail.
In the plaintiffs' pleading submitted to the mediation panel, it is alleged that the overtime abuse was allowed to occur because Jones and others on the security squad "facilitated the Mayor's playboy lifestyle." According to the documents, Harris offered the following testimony during his deposition regarding Beatty and the mayor:
"He [the mayor] would give us the order to go over to Chris', Chris' house, and we'd go. By this time we know where she lives. We've been over there many times in the evenings. And we would get there, let the Mayor out, he goes up. He's, 'I'll be back out' and we get back in the car. And we're sitting there and I'm asking Sergeant [Michael] Moore and I said what if her husband comes home, you know, what do we do, do we run out and knock on the door, do we blow the horn, do we stop him from going up the drive at his own house … maybe, he, you know, knows about this and maybe he doubles back home."
Asked during his deposition if he remembered having such a conversation outside Beatty's house, Moore, who is not a party to the lawsuit, testified: "I can't recall specifically what our conversation was. It was more or less concerning that we did not want to be sitting there when her husband came home."
Harris testified to another incident involving Beatty, this one occurring while she and the mayor were out of town on city business. Harris described members of Kilpatrick's security detail accompanying the mayor to his hotel room:
"[H]e gets to his room and he jams his key into the door. He say, 'Y'all good, go ahead.' We was like 'Mr. Mayor, you know, what's going on? We've got to check your room.' … He's like, 'I'm okay.' He's guarding the door again. 'You guys go ahead.' And he opens the door and lo and behold there's Christine Beatty there and he goes in and he slams the door closed and we [Harris and fellow bodyguard] both look at each other and laugh. Christine Beatty's in there and we start laughing. He didn't want us to know Christine Beatty was inside."
According to the mediation documents, Beatty testified that, while she did accompany the mayor on out-of-town trips as his chief of staff, "her duties did not require her to spend any time with the Mayor in hotel rooms alone together."
Harris testified about trysts the mayor allegedly had with other women, including one that Harris says occurred while he was on duty at the Manoogian Mansion. The mediation summary offers this account:
"[A]t approximately 1:00 a.m., the Mayor came down the stairs from his bedroom and told Officer Harris to come with him. Harris hurried to grab his radio and other equipment and when he got out to the garage, the Mayor had already started the car and told Harris to drive. The Mayor directed Harris to drive down Jefferson to a condominium complex called The Lofts."
The summary states that Harris and the mayor sat outside waiting for someone to open the electronic gate to the parking lot. A woman soon appeared wearing a full-length mink coat; as she fumbled with her card key to open the gate the wind blew her coat open and "it was apparent she was naked underneath," the document states.
Harris testified: "So I said, 'Mr. Mayor, what apartment are you going in? I need to know where you're going.' He said, 'Don't worry about it.' The female was standing there waiting on him. He said 'I'll be out in forty five (sic) minutes.' So the Mayor walked up to her, hugged her, put his arm around her and they walked up the walkway and went towards The Lofts, the apartments there. And I got out and tried to look and see exactly where they were going, because I wanted to know where he was — you know, in the event something happened I need to know where he's at … so I just sat in the vehicle waiting on him. And maybe an hour…maybe an hour and five minutes, the Mayor came out. He just came out, he jumped in the car and said let's go, and we drove back to the Manoogian."
Harris and his family have since moved away from the metro Detroit area. Described in the documents as a former NFL player who is 6-foot-5 and 270 pounds, Harris was asked during his deposition the reason for his move.
"I'm not concerned for myself," he testified, "but I am concerned about my family, about my wife, and my children, and that's why I moved them out of the city, out of the state, and I moved myself. … Let me say I am concerned. However, if — how can I put this? I'll say they're going to have to come to my environment. … Now, you come down to my environment and I'm going to defend myself to my very last breath, and my family."
Nelthrope testified that he and another officer witnessed an encounter between the mayor and a woman he referred to as his "Jamaican friend" in the back room of a barbershop on Leslie Street in Detroit.
"The Mayor and the young woman went into the barber shop where the barber was giving a haircut to the Mayor's friend and Chief Administrative Officer, Derrick Miller," according to the mediation summary. "The mayor and the young woman went straight to the back room of the barber shop and closed the door. By this time it was approximately 11:00 p.m. Nelthrope and the other officer remained in the main portion of the barber shop looking through the shop's window at the street.
"As Nelthrope and the other officer were looking out of the barber shop window, they saw the Mayor's wife drive by the front of the barber shop. Nelthrope and the other officer were surprised and wondered if the Mayor's wife had seen the Mayor enter the barber shop with the young Jamaican woman.
"The officers were nervous. They discussed whether to knock on the back room door and tell the Mayor his wife had just driven by. They decided against disturbing the Mayor and remained at the front window keeping an eye out for the mayor's wife."
Timeline
When recruited to serve on Kilpatrick's Executive Protection Unit (EPU) in January 2002, Harold C. Nelthrope had been a Detroit police officer for nearly 17 years.
Stefani describes him in the mediation summary as a "Hard-working, dependable and honest police officer. He is the kind of steady-eddy public servant on which the citizens of the City of Detroit depend for police service."
He joined a security unit "nominally" headed by Deputy Chief Ron Fleming, but in fact run by "the Mayor's high school football friend, Police Officer Loronzo Jones," the mediation summary alleges.
The "de facto" second-in-command was Jones' friend, Officer Michael Martin, the summary claims.
"These two police officers, though outranked by Deputy Chief Ron Fleming, an EPU lieutenant, and by several EPU sergeants, were given virtually carte blanche by the Mayor to run the affairs of the EPU because of Jones' friendship with the Mayor," the summary alleges. "With no supervisory rank, no supervisory training and no supervisory experience, Jones and Martin ran the EPU in a haphazard fashion which other more experienced EPU officers realized made the Unit highly unprofessional and at times jeopardized the safety of the first family."
It is also alleged that, "in addition to being high school friends, Jones and Martin earned the Mayor's confidence in other ways. The Mayor apparently made a regular practice of being unfaithful to his wife with his Chief of Staff Christine Beatty and other women. While Jones and Martin facilitated the Mayor's playboy lifestyle … other members of the EPU who took their oath 'to protect and to serve' seriously were uncomfortable being made to facilitating (sic) the Mayor's cheating on the first lady."
Nelthrope was one of those. Harris testified to being told by Martin that concerns over the possibility that Nelthrope might reveal the mayor's philandering resulted in Nelthrope's assignment to keep watch at the Manoogian Mansion so he "wouldn't go out with the Mayor anymore," according to the mediation summary.
In February 2003, Nelthrope was transferred out of EPU completely and assigned to the 7th Precinct.
"Police Officer Loronzo Jones testified that he was told prior to Nelthrope being transferred out of the EPU that Nelthrope was in fact reporting to the 'feds' on the Manoogian party and other wrongdoings on the EPU," according to the mediation summary.
Jones wasn't the only one privy to that information.
"Police Officer Michael Martin … testified that at least three different people told him that Nelthrope was reporting unreported car accidents and other allegations about the EPU to the FBI," according to the mediation summary. "…Martin telephoned Nelthrope at home to ask him about the matter but Nelthrope denied that it was him…"
On April 26, 2003, Nelthrope met with two investigators from internal affairs and provided information concerning EPU and the alleged Manoogian Mansion party.
Among other things, he alleged that officers Jones and Martin were involved in separate traffic accidents while driving city-owned vehicles, and that the accidents were covered up.
Nelthrope also alleged that Jones and Martin were fraudulently collecting 50 to 60 hours of overtime per two-week pay period.
Perhaps the most explosive allegation, however, involved Nelthrope's reporting of a rumor that in 2002, while the Manoogian Mansion was being renovated for the new first family, there was a party there that featured strippers, and that the mayor's wife, Carlita Kilpatrick, unexpectedly showed up at the mansion and attacked one of the dancers, sending her to the hospital to be treated for injuries. Nelthrope claimed no firsthand knowledge of the party, but said he heard about it the day after it occurred.
Brown, as head of the Police Department's internal affairs unit, on April 30, prepared a report detailing Nelthrope's allegations. Included in that report is a claim by Nelthrope that he had provided the same information to the FBI. Brown reported that the FBI's Detroit office was contacted by internal affairs and was told Nelthrope had not been in contact.
Before Brown delivered that report, then-Police Chief Jerry Oliver was contacted by Beatty, the mayor's chief of staff, who had questions about the Nelthrope investigation, according to the mediation summary. Oliver testified that he asked Brown on May 5 to prepare a bullet-point summary of what he had learned. Brown did so, but did not include information regarding allegations of the Manoogian party.
"I did not mention the Manoogian Party allegation in the bullet point for Ms. Beatty because it was my understanding that Ms. Beatty had assumed responsibility for the EPU and was interested in investigations about them so that she could better oversee that unit. The allegations about the Manoogian did not involve the EPU and primarily involved alleged offense by non police employees of the City that is, the Mayor and Mrs. Kilpatrick," Brown explained in a sworn affidavit.
Oliver testified about a meeting he had with Beatty at Cobo Hall on May 6, when he gave Beatty the two-page memo that listed allegations of overtime abuse, accident cover-ups and drinking on the job by Jones and Martin. When asked by Beatty about the Manoogian investigation, Oliver said there was no "official" investigation into those rumors, according to the mediation summary.
During his deposition, Oliver was asked if Beatty showed interest in the allegations of Jones and Martin being involved in unreported car accidents.
"She did not raise that issue with me," Oliver testified. "… she simply asked me about our investigation about the Manoogian party and the rumors that were floating around, and there were many."
Oliver's testimony contradicts assertions made by Beatty that she had no knowledge of such rumors at that point.
During her deposition, Beatty denied having any knowledge "that a member of the EPU had gone to the Internal Affairs to report wrongdoing on the Mayor's staff," according to the mediation summary. She also maintained that she had no idea that Brown was investigating the Manoogian party. Likewise, she denied asking Oliver to provide her with a report regarding the status of any investigations into EPU activity.
In their mediation summary, the plaintiffs argue that, given that Jones and Martin knew Nelthrope was talking to investigators, and the close ties the two cops had with the administration, "it is inconceivable that Jones and Martin did not tell Beatty and the Mayor of Nelthrope's allegations long before Beatty met with Oliver on May 6th."
"Beatty is not being truthful," asserts the mediation summary.
On May 9, following Beatty's recommendation, Brown was terminated from his position. Two days prior to that, in a highly unusual move, Beatty had ordered a staff member to copy files in computers used by Brown and two other members of the internal affairs unit, and then to block the officers' access to those computers, according to the mediation summary.
Why did Beatty urge Kilpatrick to terminate Brown?
Beatty testified that, one day after receiving the two-page memo from Oliver, which came as a surprise "out of the blue" without having been requested, she coincidentally received an anonymous memo contradicting information in the report. The confidential memo, which she said was one paragraph long, contained no specific details, but did allege that Brown was conducting an "unauthorized" investigation. The nature of that investigation was not disclosed. Beatty claims she shredded the anonymous message (without showing it to Kilpatrick) after reading it.
According to the mediation summary, Beatty testified that "she had no idea who had authored the anonymous letter and did nothing to determine whether it was credible." Nonetheless, "based on the anonymous letter, she determined that Brown should be terminated." Also, "Beatty testified that she came to this conclusion without examining Brown's personnel file or reviewing his record of twenty-six years or discussing the allegations with the Chief."
(The Kilpatrick administration claims Brown was never fired, merely removed from his deputy chief position and returned to the rank of lieutenant, and that he could have continued serving on the force had he chosen to do so. Brown says he was fired.)
When giving his deposition on Sept. 29, 2003, Oliver, who was then still chief, contended that the Kilpatrick administration never offered an explanation justifying Brown's removal.
During his deposition, however, Oliver testified that, after seeing Brown's original five-page memo that discussed all of Nelthrope's allegations, he concluded that Brown was removed because of concerns that he was looking into the Manoogian party rumors.
Oliver reportedly voiced his concerns to other members of internal affairs immediately following Brown's removal.
One internal affairs officer, Commander Donald Parshall, testified: "The Chief was saying … you guys are investigating the Mayor of Detroit, and something to that effect 'that's the dumbest shit I ever heard of.' And I remember that, because I hadn't heard the Chief use profanity before."
Asked during his deposition whether Oliver thought Brown's termination was related to the Nelthrope investigation, Officer Steve Dolunt testified: "He [Oliver] didn't say that. I don't think he said that specifically. We were told that we weren't to investigate the Mayor and that an amoeba had more sense than to investigate the Mayor and that apparently we had less sense than an amoeba and it went downhill from there. Oh. We were told not to investigate it anymore."
The mediation summary alleges that Brown's removal set back the city's efforts to reform the Police Department.
"At the time of Brown's appointment [to head Internal Affairs], the city was negotiating with the United States Department of Justice concerning the changes that would be required in the Detroit Police Department to meet the terms of an anticipated consent decree," the summary explains. "One of the problems the Department of Justice had and still has with the Detroit Police Department is that complaints concerning officers were sometimes not properly investigated and sometimes swept under the rug."
The Justice Department wanted policies put in place that would ensure "full, thorough and complete investigations."
With an exemplary record and a reputation for integrity, asserts the summary, Brown was put in charge of internal affairs to help ensure that that goal was achieved. Just prior to being dismissed, Brown was given a bonus for his job performance, according to the summary.
Brown's dismissal and the transfer of his top executives out of internal affairs "effectively put an end to the reform promised by Kilpatrick in his election campaign," the summary alleges. "These very competent police executives have been replaced by people who were chosen not so much on their abilities to get the job done, but primarily on their loyalty to Christine Beatty and the Mayor."
One week after Brown's removal, Bob Berg, a consultant who advised Kilpatrick's mayoral campaign and then contracted with the new administration to provide media services, leaked the bullet-point memo to the press, even though it was stamped confidential and identified Nelthrope as the source of the allegations it contained.
Berg was given the memo by Beatty, according to the mediation summary. Its release was discussed in a meeting attended by Beatty, Berg, Jamaine Dickens (then spokesman for the mayor), Derrick Miller (the administration's chief executive officer) and possibly Chief Corporation Counsel Ruth Carter, according to the summary.
On May 14, Nelthrope arrived home to find reporters on his sidewalk holding the confidential internal affairs memo.
'Clear my name'
"Nelthrope had not seen the memo before and was horrified to see his name in it," according to the mediation summary. "Nelthrope knew how volatile and dangerous Jones and Martin were. He knew that both men had extensive disciplinary records. He knew that Martin had been involved in several off-duty shootings and had been convicted criminally for one of them. Nelthrope knew that Martin had friends who were narcotics dealers and that both Martin and Jones knew many street people who would be only too happy to ingratiate themselves with Martin or Jones by seeing to it that Nelthrope or a member of his family paid a price for disrupting Martin and Jones' prestigious, cushy, high-paying jobs with the EPU."
Nelthrope contends that stress created by the disclosure made it impossible to work. He is currently out on what Stefani described as a "job-related disability."
Nelthrope feared retaliation because his name was revealed.
"It effectively painted a target on his back for any thug friend of Martin's, Jones' or the Mayor's or for others who might view his reporting as snitching," the mediation summary states.
If it goes to a jury, the whistleblower lawsuit brought by Brown and Nelthrope will succeed or fail based on the jury's evaluation of the foundation upon which their case has been built. The crux of their case is summed up in the mediation summary:
"The Mayor and Beatty were concerned that information about the Mayor's philandering would come to light as the result of Nelthrope's allegations, especially if Brown's investigation of those allegations involved, as it most certainly would, interviews of other former EPU members."
In a recent interview with Metro Times, Brown said he's pursuing this case for two reasons. One is to recover financially from the blow of losing his job as a deputy chief. The other motivation is to restore the reputation built up over the course of 25 years with the department.
"I'm not out to get the mayor," he says. "I'm out to clear my name."
"My reputation," he adds, "is all I have."
Brown, who says he was "devastated" by his firing, also hopes the suit will prompt further investigation into the Kilpatrick administration.
"There has been a clear pattern of retaliation against people doing something this administration doesn't want done," Brown says.
To counteract the chilling effect this has had on others who have information regarding the Kilpatrick administration but are afraid to come forward, Brown says the federal government has to become involved.
"There needs to be a federal grand jury," he says. "That's where this case will unravel."
Report: D.C. police stopped providing after-hours security for Detroit's mayor in 2002
MLive.com
January 21, 2005
DETROIT (AP) — Police in Washington, D.C. stopped providing after-hours protection for Mayor Kwame Kilpatrick during trips to the nation's capital in 2002 because of the Detroit mayor's frequent nightclub-hopping, according to a pair of D.C. police supervisors.
The supervisors, one in a sworn lawsuit affidavit and the other in an interview Thursday with the Detroit Free Press, said the behavior of Kilpatrick and his crew could result in injury or public embarrassment to their officers.
Lt. Paul Charity, who was Dodson's superior in 2002 and now works in Washington's internal affairs unit, confirmed the decision when reached by phone Thursday. Washington police provide protection for VIPs as a professional courtesy and continue to do so for Kilpatrick when he is on official business there, he said.
The officers' accounts provide corroboration of allegations made by a former Detroit police bodyguard in a 2003 lawsuit that claims the mayor partied while out of town with women who were not his wife. The lawsuit is one of two that have made salacious accusations against Kilpatrick about his personal life. Neither officer reported seeing the mayor cheat on his wife.
Mayoral adviser Conrad Mallett Jr. said late Thursday that he believed the Washington officers were trying to help Detroit police who Mallett says are out to ruin the mayor.
"None of the allegations of moral turpitude against the mayor are true," Mallett told the Free Press.
Washington police Sgt. Tyrone Dodson, in an affidavit obtained by the Free Press, explained why police cut back their contact with Kilpatrick.
"We arrived at this decision because we felt that the late evening partying on the part of Mayor Kilpatrick would leave our officers stretched too thin and might result in an incident at one of the clubs," Dodson wrote.
In his sworn testimony on Sept. 9, Dodson — who gave his deposition as part of the lawsuit — described one night in 2002 when he accompanied Kilpatrick and two Detroit police bodyguards to the Washington nightclub Dream.
"The mayor filled the limousine with 10 or more people, mostly young women dressed in evening wear," Dodson wrote.
Samuel McCargo, Kilpatrick's lawyer, said Dodson's statement should be viewed with cynicism because he wasn't cross-examined.
"An affidavit is a very one-sided document," McCargo said. "You get a picture that is oft-times very incomplete."
Mallett said he is working to prove the Washington officers are part of a conspiracy.
"I do not believe that they are as clean as the driven snow and purely altruistic and acting out of a sense of good citizenship," he said. "I don't believe that for a minute."
Kwame Kilpatrick Navigator Press Conference #1
WJBK Detroit
January 22, 2005
This is part 1 of the press conference given by Detroit mayor Kwame Kilpatrick in regards to the Lincoln Navigator controversy. Joining mayor Kilpatrick in the conference is the Chief of Police, Ella Bully-Cummings.
Kwame Kilpatrick Navigator Press Conference #2
WJBK Detroit
January 22, 2005
This is part 2 of the press conference given by Detroit mayor Kwame Kilpatrick in regards to the Lincoln Navigator controversy. Joining mayor Kilpatrick in the conference is the Chief of Police, Ella Bully-Cummings.
Hard-hearted man offers tale of redemption we can all heed
Detroit News
May 27, 2005
Two years ago, somebody gunned down Tamara Greene, a 27-year-old exotic dancer.
The killing would probably not have prompted much public attention had her death not followed what was said by some, and denied by others, to have been a wild party at the Manoogian Mansion in 2002.
Now, the father of Greene's 12-year-old son is running for the Detroit City Council.
His name is Ernest G. Flagg, 33, and some folks probably thought he'd be dead by now, too. Instead, he's become an expert in small business development, a devout churchgoer and a man with a heart-stabbing story about loss and redemption.
In his early years, Flagg didn't seem destined for even a pinch of greatness. He seemed headed for society's trash heap. Flagg's father was in prison and other family members were troubled, he recalls.
"As a youth, I really was a terrorist and a public school error," he says. "Teachers were underpaid when they were dealing with me. ... As a youth I recall moving from neighborhood to neighborhood only to move again some short period thereafter. These areas were saturated with vacant lots, abandoned buildings and absent of vibrant businesses.
"During this period, the most common food staple in my household was provided by Focus: Hope. In fact, this may have been the case for the entire ZIP code. I also attended not one, not two but three Detroit high schools, and it was not because I wanted to see what the public school system had to offer."
Flagg earned 0.83 and 0.17 grade point averages in his first and second semesters of high school and dropped out in the 10th grade. However, he eventually straightened out his life. He was one of the first graduates of the Warren Conner Development Coalition's Youth on the Edge of Greatness program and became a board member. He earned a GED, an associate degree in science from Highland Park Community College, a Bachelor of Science degree in honors psychology from Wayne State University and a master's degree in public administration with a concentration in local government from Oakland University. He also was a tutor and mentor for the Detroit Police Department's Explorer Division.
Along the way he developed a passion for reclaiming Detroit's east side block by block and house by house. So far, he says he's renovated more than 30 residential and commercial properties. For a time, his family also ran an east side soul food restaurant that Flagg founded, Flagg's Soul Food, Deli & Grille. He also set up a transitional housing program for the homeless.
Flagg says he believes in evaluating the performance of city departments, putting vacant land in the hands of professional developers, reopening police mini-stations, installing state-of-the-art equipment and systems, electing City Council members by districts and streamlining the process of doing business in the city.
His biggest achievement, though, might be simply telling his story, the tale of a man whose life proves that people, like cities, can indeed redeem themselves once they embrace change.
Police chief: Demoted cop lost her trust
Detroit officer wasn't punished for probe of stripper's death, testifies Bully-Cummings
Detroit News, The (MI)
October 13, 2005
Police Chief Ella Bully-Cummings testified Alvin Bowman was demoted because she was unsure she could trust him.
Wayne Circuit Judge Michael Callahan presides over the civil case brought by ex-Lt. Alvin Bowman against the city of Detroit and Police Chief Ella Bully-Cummings. An attempt to sue the mayor failed earlier.
DETROIT -- A veteran Detroit police lieutenant was demoted for twice ignoring the chain of command -- and not because of his continued involvement in an investigation into the death of a 27-year-old stripper, Detroit Police Chief Ella Bully-Cummings testified Wednesday.
Former Lt. Alvin Bowman sued Detroit, the chief and Mayor Kwame Kilpatrick in April 2004 after he claimed he was transferred to the 2nd (Southwest) District after pressing to investigate the April 2003 murder of Tamara Greene. A judge dismissed claims against the mayor.
Greene's murder was investigated by the Michigan State Police in connection with still unsubstantiated allegations of a wild party at the Manoogian Mansion, the Detroit mayor's official residence, along with actions by his police security detail. Kilpatrick has repeatedly denied any party occurred. Attorney General Mike Cox concurred during a 2003 investigation. Greene's death remains unsolved.
Bully-Cummings said Bowman, then head of a homicide squad, was transferred to the 2nd (Southwest) District after he twice violated the chain of command, which caused her to lose trust in him.
In one instance, he called a sergeant who worked in the chief's office and asked if he would agree to talk to state police investigating the Greene murder.
In another, he gave an envelope of information about Greene's death to an officer in Bully-Cummings' office to pass on to the chief.
The chief declined to read the file, she said, because it wasn't her job to investigate a homicide.
Violating the chain of command -- going to a higher-ranking officer rather than getting approval from a direct supervisor -- is a "very serious violation," Bully-Cummings said, adding it "raised the specter of whether he was trustworthy."
Bowman's attorney, Michael Stefani, asked the chief if "a lack of trust was a euphemism" for not being able to "control the investigation" if Bowman was involved. Bully-Cummings denied it.
Bowman and two other veteran Detroit police officers have filed lawsuits claiming they were reassigned or fired in connection with the rumored party.
Bowman, a Detroit officer for 31 years, retired in August 2004.
In November 2003, Bowman became a supervisor of the homicide squad that was investigating the death of Greene, known by her stage name, Strawberry.
"Some of the members of the squad were less than enthusiastic about working the investigation because if (Greene's) death were somehow connected to the alleged Manoogian Mansion party, pursuing the investigation could result in getting them transferred, or worse yet, ending their police career," the lawsuit said.
State police contacted Bowman in February 2004 to discuss their investigation into Greene's death. She was killed while sitting in a car with a companion in an early morning drive-by shooting.
On March 10, state police detectives turned over the results of their investigation to Bowman and other officials. Bowman then met with Bully-Cummings and then-Assistant Chief Harold Cureton.
The case was then transferred to the cold case squad, which is responsible for reviewing long unsolved cases.
On April 6, soon after he forwarded another package of state police documents, Bowman was transferred out of the homicide unit and to a uniformed position at the 2nd (Southwest) District working the night shift.
Still pending are the lawsuits of Gary Brown, a former Detroit police deputy chief and 26-year police veteran, who sued in June 2003 after he was fired as head of the Professional Accountability Bureau.
Brown is set to testify today -- though Wayne Circuit Judge Michael Callahan has severely limited the area to which he may answer questions.
The city plans to call three police officers in its defense.
Also Wednesday, one of the Michigan State Police detectives assigned to the case, Detective Sgt. Mark Krebs, testified the Detroit police had put up "roadblocks" that made the investigation difficult. The testimony taken outside the jury's presence was not allowed into evidence.
He also noted that the attorney general's office had rejected some requests for investigative subpoenas in June 2003 -- after Cox had closed the investigation.
He said Detroit police were told "not to talk to us without a subpoena."
Election episodes read like script from a soap opera
Detroit News, The (MI)
October 14, 2005
With the Detroit election just weeks away, every day brings a new episode of the region's hottest soap opera -- "Desperate Candidates."
There was the disappearance of the mayor's big diamond earring. And a trial that has dusted off old rumors of a wild whoop of a party in Detroit's Manoogian Mansion.
There was a widely circulated poem urging Detroiters to "shout with your vote." And the charging of a mayoral candidate's son with drunken driving and domestic violence smack in the middle of domestic violence month.
Whew.
Let's start with the diamond that used to glint in Mayor Kwame Kilpatrick's left ear but vanished during his 2001 campaign. After winning, Kilpatrick reinserted his sparkler, earning the nickname Big Diamond.
But some Detroiters resented the mayor's "bait and switch" game, feeling they'd been conned. Now, according to published reports, hizzoner has decided he won't wear his earring again -- at least not while he's big chief.
Party surfaces again
Meanwhile, the party that the mayor and other officials say never happened never disappears.
It allegedly took place at the Manoogian Mansion in 2002, and a gorgeous exotic dancer named Tamara Greene allegedly attended it. She was gunned down in a drive-by shooting .
Since then, three veteran Detroit police officers have claimed they were reassigned or fired for probing Greene's murder, and police officials have denied those claims.
What bugs me is all those TV ads that ran this week, promising new nuggets of information about the Greene case. Nobody came up with a diamond, a rhinestone or even plain glass.
I mean, let's face it: remarks from a man whose face never appeared on camera and who gave only his first name isn't proof.
Neither is a police official's claim that someone whose identity he's forgotten invited him to some party that sounded like it was going to be a major whoop.
So here's my challenge to the local news stations: either get the goods in the Greene case or quit running phony come-ons.
Arrest was news
Meanwhile, no one can deny that, in the heat of an election, the arrest of challenger Freman Hendrix's 21-year-old son, Stephen, was solid-gold news.
But I have a feeling it will only humanize the elder Hendrix. One truth all parents recognize is this: well-raised or not, many young adults go through a period where they break rules just to show they can.
Meanwhile, the city's department of elections is doing its part to rally voters, only 21 percent of whom bothered to vote in the August primary.
There's even a poem in "Detroit Election News," a newsletter mailed to Detroit voters' households.
"We need to vote and continue to vote," it begins, "...While people are hungry and begging in the streets,
"While innocent children are killed while still between their sheets..."
Not really a diamond but, perhaps, a bead of hope.
Worthy to review dancer's death
Prosecutor to probe unsolved murder; woman allegedly performed at Manoogian party
Detroit News, The (MI)
October 14, 2005
DETROIT -- Wayne County Prosecutor Kym Worthy said Thursday she would conduct an independent review into the unsolved murder of a 27-year-old exotic dancer rumored to have performed at a wild party at the mayor's mansion.
Worthy said she requested the file from Detroit Police Chief Ella Bully-Cummings into the April 2003 murder of Tamara Greene.
"Investigating the rumor of a party is not a compelling public safety issue. Reviewing a cold homicide case is something we routinely do," Worthy said in a statement.
In June 2004, the Michigan Attorney General's Office turned over to Worthy its file on Greene's death -- part of a wide-ranging investigation into Detroit Mayor Kwame Kilpatrick and an alleged party at the Manoogian Mansion, the mayor's official residence.
Detroit Police Lt. Alvin Bowman sued the city, the mayor and the chief in April 2004 after he was demoted, he claims, for pursuing the investigation of Greene's murder. Claims against the mayor were dismissed.
Bowman's lawsuit is in its second week of trial. Bully-Cummings said Bowman was demoted to a uniformed precinct job because he violated the chain of command.
The mayor has no problem with the prosecutor looking into Greene's death, mayoral spokesman Howard Hughey said.
"The prosecutor's job is to look into cases like this, and we certainly applaud those efforts," Hughey said.
Attorney General Mike Cox Thursday defended Kilpatrick saying he is getting a bum rap on unsubstantiated rumors of a party. He called the issue a "political football."
Meanwhile, a former deputy police chief, Gary Brown, held a fund-raiser for Detroit mayoral candidate Freman Hendrix at his Detroit home Thursday for about 60 people. Brown filed suit in June 2003 after he was fired as head of the Professional Accountability Bureau.
Jurors weigh case of ex-cop who says he was demoted over probe
Detroit News, The (MI)
October 20, 2005
DETROIT -- Wayne County jurors will begin deciding today whether a former Detroit police lieutenant was pushed into retirement for helping the investigation of a rumored bawdy party at the mayor's mansion or because he was an impulsive officer who couldn't follow rules or reassignment.
Alvin Bowman, a 31-year veteran, is seeking $268,000 in lost pay and up to $1.5 million for harm to his reputation after he quit the Detroit Police Department last year. He contends that the department punished him after he tried to give investigative files directly to the police chief rather than his supervisor.
His probe dealt with the shooting death of stripper Tamara Greene, who was at the center of a long-rumored -- and unproven -- party at the Manoogian Mansion, where Mayor Kwame Kilpatrick resides.
Chief Ella Bully-Cummings testified during the three-week trial that Bowman broke the department's chain of command and she reassigned him.
Bowman's attorney, Mike Stefani, argued that was retaliation against a whistleblower.
"The evidence is very strong that being transferred from an elite unit like homicide to the 2nd Precinct is discrimination," he said during his closing argument to the jury. "They didn't want Mr. Bowman around."
Additionally, top police officials offered conflicting reasons for the reassignment during the trial.
But Valerie Colbert-Osamuede, an attorney for the city, urged jurors to separate "fact from fiction." Brown was reassigned, but kept his title and his pay, she said.
There has never been evidence to prove the party took place or that the police had any involvement in Greene's death, she said. Bowman failed to follow department rules and relied on unsubstantiated rumor to justify his own decision to retire, she argued.
Neither the attorney general nor the Michigan State Police turned up credible evidence of the alleged party.
Death off table for gang leader
Detroit convict cleared of murder charges by admitting to running a criminal enterprise
Detroit News, The (MI)
January 6, 2006
DETROIT -- One of Detroit's most notorious drug gang leaders will avoid the death penalty under a plea agreement reached with federal prosecutors.
Milton "Butch" Jones, 50, the founder of Young Boys Inc., pleaded guilty in U.S. District Court in Ann Arbor Thursday to one count of running a continuing criminal enterprise. He could have been sentenced to death if convicted of two counts of drug-related murder in 1998. He was convicted of another drug-related murder in 1975.
William Sauget, an assistant U.S. attorney, told U.S. District Judge John Corbett O'Meara that Jones had been cooperating and that the government planned to seek a sentence of 30 years in prison when he is sentenced on April 6. As part of the deal, prosecutors will drop the death penalty request.
He wrote an autobiography in 1996, "Y.B.I.," in which he claimed he began his involvement in the drug trade at age 14 and made more than $100,000 a week selling heroin. A former head of the U.S. Drug Enforcement Agency said in the mid-1990s that the gang was connected to at least 68 murders.
"Hell, somebody had to take over this city. Why not me?" Jones wrote in his self-published book. "It was just like any other business, such as Ford, or General Motors."
Young Boys Inc., the highly organized, profitable drug network Jones founded, used kids as young as 9 years old to sell drugs, terrorized neighborhoods and frustrated police as late as 1987.
Jones lived in Oak Park and expanded his drug crews into Pontiac and Flint. By the time he went to federal prison in 1983, Jones estimated he had squirreled away several million dollars, lost thousands in gambling, and had bought several houses and more than a dozen cars.
Jones used teens to sell drugs because they were difficult to prosecute and buffered leaders. The gang also gave top sellers cash bonuses and presents, such as fur trimmed leather coats that became extremely popular and known as Y.B.I. jackets. At its peak, Young Boys Inc. sold $25,000 to $30,000 a day per street corner.
After his release from federal prison in 1992, Jones moved to Pennsylvania and promised a life of honest work.
He and 13 others, including then-state Rep. Keith Stallworth, D-Detroit, were charged with conspiring to sell cocaine, heroin and marijuana. Stallworth later reached a plea deal with federal prosecutors. Federal prosecutors are still seeking the death penalty against two defendants.
Relatives of slain dancer revive lawsuit vs. Detroit
Detroit News, The (MI)
December 20, 2007
DETROIT -- Relatives of a slain exotic dancer filed new court documents Wednesday aimed at reviving their federal lawsuit against the city of Detroit, Mayor Kwame Kilpatrick and Detroit police officials.
Tamara Greene, who danced under the name "Strawberry" and has been linked to a long rumored but never substantiated stag party at the mayor's Manoogian Mansion, was murdered in a drive-by shooting in Detroit on April 30, 2003.
Ernest Flagg, the father of Greene's son, filed a lawsuit on behalf of his son in U.S. District Court in 2005, alleging Detroit police failed to investigate Greene's murder for political reasons.
U.S. District Judge Gerald E. Rosen ruled last year the suit should be dismissed but said Flagg could file a revised lawsuit. Flagg did so in September 2006. The new claims against Kilpatrick, Attorney General Mike Cox, former Police Chief Jerry Oliver and other officials were dismissed by Rosen last month, though claims against the city and current Chief Ella Bully-Cummings remained.
On Wednesday, Flagg lawyer Norman Yatooma of Birmingham asked Rosen for permission to file a new complaint, which he also filed in federal court along with his request.
Filed as exhibits are documents that surfaced in recent civil lawsuits brought by former senior officers Gary Brown, Harold Nelthrope and Alvin Bowman, who alleged they were retaliated against for attempting to investigate stories about the party, at which a dancer was allegedly assaulted.
In documents filed Wednesday, Yatooma alleges former Detroit homicide Sgt. Marian Stevenson "concluded that someone ordered Greene's murder." Notes and files on the murder disappeared from Stevenson's police computer and a locked cabinet.
Stevenson could not be reached for comment. Deputy Chief James Tate, a spokesman for the Police Department, and James Canning, a spokesman for the mayor, declined comment.
Judge to weigh access to whistle-blower settlement documents
Detroit News, The (MI)
February 5, 2008
DETROIT -- A judge is expected to rule as early as today on whether to release documents relating to the settlement of whistle-blower cases filed against the city by three ex-cops.
Wayne Circuit Judge Robert Colombo Jr. has set a hearing for 8:30 a.m. today on a request by The Detroit News and the Detroit Free Press to make public answers that attorney Michael Stefani gave when questioned under oath by lawyers for the newspapers during a closed-door hearing last week. Stefani represented three former officers who sued because they were demoted or fired for probing reports of misbehavior in the office of Mayor Kwame Kilpatrick and his security detail.
The newspapers also want to make public the documents Stefani was ordered to bring with him to that deposition -- the entire settlements, including a secret deal, from the two lawsuits involving former police officers Gary Brown, Harold Nelthrope and Walt Harris.
The hearing comes as the Detroit City Council is expected to vote today on whether to launch an audit of the mayor's office and the city's law department -- in part to learn how much taxpayers spent defending the lawsuits.
The $8.4 million settlements of the whistle-blower cases came under intense scrutiny after the release of text messages revealing a romance between Kilpatrick and former chief of staff Christine Beatty in 2002 and 2003. The messages contradict sworn testimony each gave at a civil trial last year denying an affair. They also contradict Kilpatrick's and Beatty's assertions that Brown was not fired.
The News reported the existence of a secret side deal in the lawsuit settlements on Jan. 26.
On Jan. 29, The News joined a lawsuit related to the settlement agreements earlier launched by the Free Press. On Thursday, the papers filed a joint motion seeking release of sealed records related to the deposition of Stefani, which took place Wednesday. The city filed a sealed response to the newspapers' motion Friday.
Stefani has said publicly a "confidentiality agreement" prevented him from discussing certain aspects of the settlements and the text messages. But the trial judge and members of the City Council, who approved the settlement, say they were unaware of any confidential agreement.
Wayne County Prosecutor Kym Worthy launched Jan. 25 an investigation into possible perjury or other crimes, after excerpts from the text messages were released.
It's not clear if the audit request, sponsored by Councilman Kwame Kenyatta, has the majority five votes needed to pass. But Council President Kenneth Cockrel Jr. and Councilwoman Martha Reeves said Monday they support the move. Councilwomen JoAnn Watson and Monica Conyers last week called for a similar probe.
"It's important that we have an accurate accounting of how much money has been spent and to what attorneys," said Cockrel, who returned to work Monday after a more than a weeklong business trip to Taiwan.
The city paid $525,000 in legal fees through June in the lawsuit brought by Brown and Nelthrope, who alleged they were punished for investigating and reporting on the conduct of the mayor and his bodyguards, including the mayor's alleged extramarital affairs. A final legal cost has not been released and the figure does not include the cost of the similar suit brought by Harris.
Kenyatta wants the city's auditor general to probe all Kilpatrick's expenses since 2002. He also wants to learn details of any secret deal.
Kilpatrick's staffers have said audits of the mayor office's spending have already been completed and they are cooperating with the council by turning over records.
But the most recent audit of the mayor's office is from 2004 and was narrowed to specific areas, such as travel expenditures.
The City Council is also expected to consider today whether to hold a closed session to discuss a lawsuit from the family of slain exotic dancer Tamara Greene, whose name was linked to a long rumored but never substantiated party at Manoogian Mansion.
Secret documents that hid Kilpatrick texts released
Detroit News
February 8, 2008
DETROIT -- Detroit Mayor Kwame Kilpatrick's secret deal to keep damaging text messages confidential provided for millions of dollars in damages if the secrecy was breached and set out a story a lawyer was to tell if asked about the agreement.
Wayne County Circuit Judge Robert Colombo Jr. on Friday morning released the confidentiality agreement between Kilpatrick, his former chief of staff Christine Beatty, and Michael Stefani, the lawyer who represented three police officers who brought successful whistle-blower suits against the mayor and the city. Colombo also released two other documents related to the text message scandal.
The city agreed Thursday night not to further challenge the release of those documents. The city did, however, ask the Michigan Court of Appeals to shroud other documents stemming from the whistle-blower lawsuits filed by ex-cops who sued the city, claiming they were victimized because they were probing improper behavior in the mayor's office.
City settlements to the three officers totaled $8.4 million, with former officers Gary Brown and Harold Nelthrope, whose case went to trial, getting $8 million, and former officer Walt Harris, who settled before trial, getting $400,000.
The confidentiality agreement dated Nov. 1, 2007 calls on the officers to forfeit an amount nearly equal to what they were awarded in their lawsuits if they released the text messages or other Kilpatrick and Beatty records deemed private in the case. Stefani could have been forced to pay damages of $2.7 million; Brown $3 million; Nelthrope $2 million and Harris $400,000.
The agreement also sets out damages of $100,000 to $200,000 for Kilpatrick and Beatty if personal information about Brown and Nelthrope, subject to the agreement, was released.
Further, the agreement sets out a story -- which does not appear accurate -- that Stefani was to tell if people asked about the confidentiality agreement.
Stefani was to tell members of the media or anyone who asked that Brown and Nelthrope "agreed to accept an amount substantially less than the full amount they were entitled to" in order to avoid an appeal by the city and that all parties had agreed to keep the terms secret.
The jury awarded Nelthrope and Brown $6.5 million. Lawyers have said that award had climbed to $7.9 million by the time the settlement was reached. So the $8 million the city paid was more than the jury's verdict, plus interest. Though Stefani was entitled under the state whistle-blower law to seek legal fees in addition to the jury verdict, he has said he took the case on a contingency basis and was entitled to a percentage of the jury's verdict to pay for his services.
If anybody called Stefani asking about the confidentiality agreement, he was required to notify Kilpatrick and Beatty, the agreement says.
William Mitchell III, attorney for Kilpatrick, said Thursday the agreement does not reflect a cover-up. It's normal when a lawsuit is settled for the parties to return and hold secret personal records that were released during the course of the litigation, he said.
"You guys are making such a big deal out of nothing," Mitchell said.
Mayer Morganroth, Beatty's attorney, said Friday that Beatty was not involved in negotiating the contract and was not represented by an attorney when she signed it.
Beatty's main concern was getting the return of personal financial records, such as bank records and tax returns, Morganroth said. He would not answer when asked whether Beatty wanted the text messages kept secret.
Contents of the text messages were first published by the Detroit Free Press Jan. 24. The newspaper has not said where it got the messages.
Marcia McBrien, a spokeswoman for the appeals court, said Friday morning she does not expect the judges to make a ruling on the other documents until next week, giving The Detroit News and Free Press time to respond to the city's arguments to keep the records private.
Detroit Corporation Counsel John E. Johnson, in a letter Thursday that misspelled Colombo's first and last names, told the judge that the city was willing to release an "escrow agreement," "Mayor Kilpatrick's acceptance of City Council's approval" and the "confidentiality agreement."
Kilpatrick and Beatty, not city attorneys, signed the confidentiality agreement and claim they did so as private citizens, not public officials.
The text messages that were kept secret point to an affair between the two and possible perjury when Kilpatrick and Beatty each testified at the Detroit police whistle-blower trial in 2007 that they weren't romantically involved.
Under the agreement, the text messages were to be placed in a safety deposit box with two sets of keys -- one held by Stefani and one held by Mitchell. Once the $8.4 million settlement was paid, the mayor's representative would get the text messages, the agreement said. Also as part of the deal, Stefani agreed to turn over information on Kilpatrick's role in financing the purchase of Beatty's home.
Nelthrope said Friday he is indifferent to the mayor's fate or whether all the documents -- including his own medical records that were part of the court proceedings -- are made public.
"I really don't care anymore or pay attention," Nelthrope said. "The worst has happened to me in my life and I'm moving on. What happens happens."
Nelthrope's suit alleged the mayor had released damaging information about him identifying his as the source of an internal affairs complaint about conduct by the mayors' bodyguards. The suit alleged Nelthrope felt so threatened in terms of his own and his family's safety that he was unable to return to work.
On Thursday, U.S. District Judge Gerald E. Rosen ordered the city to demonstrate why he should not tell SkyTel to preserve the text messages. That ruling was made in the case of a lawsuit brought by the family of Tamara Greene, a slain exotic dancer whose name was linked to a long rumored but never substantiated stag party at the mayor's Manoogian Mansion in the fall of 2002.
Colombo has already ordered SkyTel to preserve the records in the county case.
As documents and other details related to the text message scandal dribble out, a picture is emerging of an elaborate cover-up involving city legal officials, the mayor's top aide, and the mayor himself.
"It's just getting worse and worse," said William Ballenger, editor the Inside Michigan Politics newsletter. "It's becoming clear that it's Kilpatrick personally managing his own cover-up."
Mitchell, the mayor's lawyer, said the confidentiality agreement had nothing to do with the amount of the lawsuit settlement.
It's an argument that Colombo firmly rejected Tuesday when made by city lawyers who were trying to prevent release of the settlement details.
"Nothing could be further from the truth," Colombo said.
After three days of vowing to fight Colombo's order to release of the documents, city lawyers suddenly changed course late Thursday and agreed to make parts of the deal public, including the confidentiality agreement.
The city filed an emergency appeal Thursday intended to shield other records. The city still wants to keep secret a five-hour deposition that Stefani gave to attorneys for The Detroit News and the Free Press in a public records lawsuit the newspapers brought trying to compel release of the settlement records. The city also wants to keep secret the document that Colombo said provided the framework for the settlement and was signed by a city attorney.
Even as the city rushed to court Thursday to file its appeal -- a Detroit attorney sprinted down the corridors of the Michigan Court of Appeals 10 minutes before the deadline -- the mayor's general counsel Sharon McPhail insisted "no secret deals exist or have ever existed."
McPhail maintained that "none of the documents involved the so-called text messages." The secret agreement, however, specifically outlines the return of those messages to the mayor's representative.
The News based this report on notes taken by its attorney, James E. Stewart, about the documents the city is no longer contesting during last week's deposition of Stefani as part of a Freedom of Information Act lawsuit.
In agreeing to release the confidentiality agreement, Johnson wrote that the city law department had concluded that the agreement could be either a private agreement or a public document related to the settlement of a lawsuit brought by former Detroit police officers Gary Brown and Harold Nelthrope. Although the agreement could be private, the city decided to release it, lawyers said.
The city's appeal details an exchange of the SkyTel pager text messages and information about Kilpatrick's role in financing Beatty's home, which Stefani held, in return for personal information about Nelthrope and Brown that was held by the city.
Beatty's finances had been alluded to throughout the trial. In one document that is part of the case file, a Fifth Third Bank official writes his superiors that they should approve a $237,250 mortgage to Beatty, despite her low credit score and other problems. The officials wrote that the bank wants to do more business with the city Detroit and such a loan could facilitate that desire.
Beatty, contacted at her home Thursday, declined comment and referred calls to her lawyer.
It's not known what personal records related to Nelthrope and Brown the city held.
Mitchell, the mayor's lawyer, said he still has the pager text message records he retrieved from the safety deposit box.
He said SkyTel officials told him they sent one copy to Stefani and one to Wayne County Circuit Judge Michael Callahan, who heard the whistle-blower trial.
"Where did the other copy get to?" he asked. "Why don't you investigate that?"
Callahan has said he never received the records. Stefani said he got his subpoenaed text message records after the trial ended.
Curtis Omer Scott, a juror from Garden City who helped decide the whistle-blower suit, said he was not surprised to hear the lengths to which Kilpatrick, and Beatty, went to hide information.
"I suspected something like this would happen all along," said Scott, who was part of the panel, which took about four hours to reach a verdict. "I just didn't think they'd go to this extent."
McPhail said at a news conference unspecified private documents were put into a "safety deposit box" at an area bank as part of one of the agreements.
Kilpatrick and Beatty were in some cases acting as private citizens, not public officials, the city has argued in court records.
The News reported Wednesday that Stefani intended to file court documents detailing the text messages between Kilpatrick and Beatty and alleging perjury by the mayor in the Brown/Nelthrope trial, and that triggered the settlement. The text messages indicate a romance between the mayor, who is married, and Beatty, and they had discussed the firing of former Deputy Police Chief Gary Brown. In testimony, they denied firing him.
Wayne County Prosecutor Kym Worthy is investigating whether Kilpatrick and Beatty should be charged with perjury.
Detroit City Councilwoman Sheila Cockrel said Thursday she respects Johnson but is concerned the city law department is now acting primarily on behalf of the mayor, when it is supposed to be acting in the interests of the city.
The city will continue to fight to keep certain records confidential to protect the secrecy of the lawsuit mediation process, McPhail said. To have confidence in mediation, she said, parties need to know personal records will be returned once the lawsuit is settled.
Meanwhile, the City Council on Monday is prepared to hire its own lawyer to oppose the city's appeal and argue that all records should be released.
"Just let it all come out," Council President Kenneth V. Cockrel said.
It appears Cockrel has the votes to appoint a special counsel and intervene in the case, but it's not clear if the full council will support the appointment of Robert Palmer, Cockrel's choice.
The clerk for the appeals court in Cadillac Square in New Center closed at 5 p.m. At 4:50 p.m., assistant corporation counsel Ellen Ha sprinted down the corridor to file the appeal.
The three judges assigned to the appeal could make a decision on releasing remaining records today.
"It could come in days or even hours," said Marcia McBrien, a spokeswoman for the court.
On Tuesday, Colombo, in a case involving Freedom of Information Act requests filed by the Free Press and The Detroit News, said he would make public seven exhibits related to the settlements of a pair of whistle-blower suits filed by three ex-cops that have cost city taxpayers $8.4 million.
While city attorneys argued they knew nothing of such a secret deal, Colombo said at least one, assistant corporation counsel Valerie Colbert-Osamuede, signed off on the key record that provided the framework of the entire deal. He also said he would release records that ordinarily would fall under attorney-client privilege, but cited a case where the privilege vanishes if it involves future crimes or fraud.
Family of slain Detroit stripper seeks City Hall records
Detroit News
February 12, 2008
DETROIT -- The lawyer representing the family of Tamara Greene, a slain exotic dancer whose name was linked to a widely rumored but never substantiated party at the mayor's Manoogian Mansion in 2002, subpoenaed a huge raft of new documents today, including records related to a prosecutor's investigation of Greene's death and satellite positioning records showing where various city employees were at the time she was shot to death.
Birmingham lawyer Norman Yatooma, representing Greene's son, Jonathan Bond, had already sought pager text messages and e-mail messages for 34 city officials. Yatooma added eight new names to the list Monday, including Detroit Fire Commissioner Tyrone Scott and Matt Allen, the former press secretary to Detroit Mayor Kwame Kilpatrick.
The city's attorney on the case, Mayer Morganroth, said the city will seek to quash the subpoenas and records related to an ongoing criminal investigation at the Wayne County prosecutor's office.
"It's harassment and overwhelming," said Morganroth, adding that Yatooma has requested "literally millions of documents."
Greene was shot to death in Detroit on April 30, 2003. Yatooma said he believes she performed at the rumored party at the Manoogian Mansion late in 2002. The lawsuit alleges Bond, a teenager, was denied access to the courts to make a wrongful death claim because the Detroit police investigation into Greene's death was halted prematurely for political reasons.
He believes his case is strengthened by the text message scandal involving Kilpatrick. The messages between Kilpatrick and his former chief of staff, Christine Beatty, appear to contradict their testimony in a whistle-blowers' trial that former Deputy Chief Gary Brown, who had looked into reports of the rumored party, wasn't fired.
Yatooma is seeking information from anyone who may have sent or received communications about the party, Greene's death, or the investigation into Greene's death, he said.
Among the items Yatooma subpoenaed Monday from SkyTel, the city's pager company, is global positioning satellite information showing where various city officials were on the morning Greene was shot. Yatooma said he believes the SkyTel pagers, which are issued to some but not all city employees and police officers, contain GPS tracking information.
"I feel like we're making the first steps" to find out what happened, Yatooma said.
Yatooma also subpoenaed records from Wayne County Prosecutor Kym Worthy and an assistant prosecutor in her office. Worthy has an open investigation into Greene's death.
The city of Detroit asked a federal judge Friday to dismiss the lawsuit. Earlier versions of the lawsuit, first filed in 2005, were dismissed twice by U.S. District Judge Gerald E. Rosen. The city said in a court filing late Friday that if "veiled allegations that a police officer killed Greene were true, which they are not," it was in state court, not federal court, that Yatooma should have brought a wrongful death lawsuit.
Counsel: Suit deal ethical
Detroit's top attorney defends department role in whistle-blower case
Detroit News
February 12, 2008
DETROIT -- In a Jan. 30 e-mail Corporation Counsel John E. Johnson Jr. sent to his staff in the wake of the text message scandal, he refers to "all of the recent media hoopla" surrounding the scandal and then attempts to quash concerns over whether he and other city lawyers had acted ethically.
"The attorneys in this matter, Valerie Colbert-Osamuede, Sam McCargo and Wilson Copeland vigorously represented the City and the Mayor, and at all times exhibited integrity and competence," he wrote. "I was personally involved in the settlement, and can assure you that we represented the City in a completely ethical and professional manner."
James Canning, a spokesman for Mayor Kwame Kilpatrick, said Johnson was referring to the $8.4 million settlement and not the side deal Kilpatrick and then-Chief of Staff Christine Beatty inked as private citizens.
Johnson said no city attorney, either in-house or outside counsel, ever "possessed, read or used those text messages."
He also reiterated that the $8 million to settle the lawsuit filed by Gary Brown and Harold Nelthrope "was in the best interest" of the city. He notes that when the matter was settled, the city owed $9.4 million for both the jury verdict and interest dating back to when it was originally filed in 2003.
"The media is hell bent on framing this as a conspiracy to hide the truth," Johnson wrote to his staff, which he asked to contact him personally if they still had questions. "Please keep in mind that this was a Whistleblower case involving the alleged firing of a person for investigating a still-unproven party. This was not about two people (the Mayor and Ms. Beatty) on trial for alleged adultery."
One of the elements of the whistleblowers lawsuit was that the officers, Nelthrope and Brown, had been retaliated against because had police probed allegations they had raised of misconduct by the mayor's staff, they may have uncovered the affair.
In addition, Kilpatrick and Beatty adamantly testified they only demoted Brown, but the text messages indicate they believed they had fired him.
The details of the secret deal did not come out until more than a week after Johnson's e-mail.
In addition, the Detroit City Council today is expected to consider hiring from among a who's who list of prominent local attorneys, including Wayne State's law school dean and ex-U.S. attorneys, for help in the scandal.
The council wants legal advice from outside the city law department because it believes city attorneys withheld the existence of a secret side deal, signed by Kilpatrick, to hide damaging text messages in exchange for settling the whistle-blowers' suits.
The council signed off on the deal obligating the city to pay $8.4 million to ex-cops who believed they were demoted or fired because they were looking into behavior in the mayor's office.
Among the outside attorneys the council is considering hiring: Former U.S. attorneys for the Eastern District Saul Green, Jeffrey Collins and James K. Robinson.
Councilwoman Barbara-Rose Collins said she wants an aggressive attorney who will "not be intimidated by the administration."
"I would like us to get someone who has a little fire in their belly," Collins said.
Council President Kenneth Cockrel Jr. wants the council to intervene in The Detroit News' and Free Press' lawsuit aimed at forcing Kilpatrick to release the remaining secret documents.
A Wayne County judge ordered the city to release them, and the Michigan Court of Appeals is reviewing the ruling.
The released documents show Kilpatrick signed an agreement to keep the messages secret. Those messages contradict his sworn denials of an affair with Beatty, and that Beatty fired police Deputy Chief Gary Brown, one of three police officers who sued the city. The council could vote as early as today on an outside attorney and whether to intervene in the case seeking release of the documents. Both proposals appear to have enough votes to pass.
At least three of the seven attorneys being considered said they would be available for council interviews today, city clerk staffers said Monday afternoon. There's been no discussion yet of how much it would pay.
Royal Oak attorney Robert Palmer, who had been the leading council choice, was removed from consideration Monday because his law partner, Michael Pitt, was quoted in a profile of Michael Stefani in Monday's Detroit News. Stefani was the attorney who represented the ex-cops.
"It's very important whoever we hire does not have even the appearance of a conflict of interest," said Cockrel, who removed Palmer for consideration.
Brown said Monday that Jeffrey Collins, who was the U.S. attorney for the eastern district from 2001-04, is a friend.
"(Collins) knows how to separate business from neighbors," said Brown. "He'll do what's in the best interest of the city."
Collins didn't return calls to his office Monday.
Besides Collins, Green and James K. Robinson, the candidates include:
William Goodman, former legal director for the Center for Constitutional Rights in New York, currently in private practice in Detroit specializing in civil rights law.
David A. Robinson, a former officer with the Detroit Police Department who has specialized in police misconduct lawsuits.
Amos Williams, who ran unsuccessfully in 2006 for Michigan attorney general.
Frank Wu, outgoing dean of the Wayne State University law school.
The council also is expected to meet in a closed session today, to be briefed on the lawsuit over the settlement documents and a separate lawsuit filed by the family of slain exotic dancer Tamara Greene, whose name was linked to a long-rumored but never substantiated party at Manoogian Mansion.
MANOOGIAN MANSION PARTY Ch 4 INVESTIGATION
WDIV News - Detroit
Feb 14, 2008
Solving Detroit murders should be a top priority
Detroit News
February 15, 2008
Homicides in Detroit declined last year compared with the prior year, but too many are still unsolved. All of the members of the criminal justice system, police, prosecutors and the courts, should work together to improve the murder clearance rate.
Last year, there were 17 fewer homicides than in 2006, according to Detroit Police Chief Ella Bully-Cummings. That's good news, but the fact remains that according to the department's own statistics, it had a 44 percent closure rate -- in which suspects were arrested and presented for prosecution. That's below the national average, based on the most recent statistics, of around 60 percent overall and a bit more than 50 percent for larger cities.
The police chief and her spokesman point to other segments of the system, including the prosecutor's office and the courts, as part of the problem. The chief says the police aren't getting warrants issued for some cases from the prosecutor. And her spokesman, James Tate, points to the arrest Thursday of a youth for a shooting who'd previously been picked up in a carjacking. "How'd he get out?" If more pending warrants are issued, the percentage could improve to 49 percent, they say.
Wayne County Prosecutor Kym Worthy has replied that it is the department's responsibility, not the prosecutor's, to fully investigate homicides in Detroit and bring prosecution-ready cases.
Tate acknowledges the police role and says the chief does not want to fight with the prosecutor. That's good, because some sort of feud won't solve the problem. The monthly meetings between the chief and prosecutor would be a good place to work out ideas for improving the clearance rate.
It is true, as the chief notes, that many murders have a drug connection and many witnesses are reluctant to come forward. That, says Tate, is the biggest problem in solving murders.
But it is also true that, as University of Maryland criminologist Charles Wellford has noted in a study on homicide clearance rates, "organization matters."
Unsolved murders breed suspicion and problems for the city. The family of murdered stripper Tamara Greene, for example, has filed suit in Detroit Federal Court contending that police officers were pulled off an investigation of her slaying for "political reasons." The city denies it.
And family members of Kyle Smith have said they have been told the police have a strong witness in her murder during Detroit's Super Bowl events, but can't bring the case to closure.
There ought to be some accountability within the criminal investigation system for seeing that there is appropriate investigation and follow-up.
The chief says she has instituted special meetings with her command officers that have led to a reduction in murders and shootings.
She and the prosecutor also should see if they can discover if aspects of murder cases are somehow falling through the cracks in the system.
The taking of a human life should carry a greater risk of arrest and prosecution in this city.
Hip-hop twist
Detroit Metro Times
Feb 20, 2008
He was long ago christened "the hip-hop mayor" — so when even the local rap community starts to turn on Kwame Kilpatrick, it's a good indicator that he's losing some of his staunchest allies.
A Detroit-based rapper named the Virus has just recorded a new track that points an accusatory finger at the mayor, linking him to the highly publicized 2003 murder of the stripper named Tamara "Strawberry" Greene (who is rumored to have performed at a Manoogian Mansion party dubbed an urban legend following an investigation by the state's attorney general) — and alleges that the Kilpatrick administration covered the whole sordid mess up.
The track — titled "Strawberry Letter 313 (If I Did It ...)" — is based around samples from the 1977 Brothers Johnson hit, composed by the legendary Shuggie Otis, "Strawberry Letter 23" (as well as taking its subtitle from O.J. Simpson's notorious book). Music biz legend Quincy Jones — who produced the original track and owns the publishing rights — has approved the samples, as has Universal Records, according to the track's executive producer, Jerome Almo.
In 2005, a jury awarded $200,000 to Alvin Bowman, a former Detroit police lieutenant who alleged in a lawsuit against the city that he was transferred out of the department's homicide unit as retaliation for investigating the death of Greene, who was gunned down in a drive-by shooting.
"Right now, he's a walking stereotype," says Almon of the mayor, "and I know the hip-hop community is running away from him because he's a fake. He doesn't really care about the hip-hop community any more than he cares about the greater Detroit community or the church, with the amount of money he's taken from us, not to mention his actions. To me, the hip-hop community is more positive than negative these days. There's been too much violence over the years, a la Tupac, and he's just bringing up all those bad memories. He's not the hip-hop mayor. He's just another extremely corrupt politician who's broken every one of the Ten Commandments."
Almon and the Virus have gained a much larger profile in the last week due to the track. "Based on the notoriety we've been receiving, this track is headed for platinum with a bullet, pun intended," Almon laughs.
Just go
Detroit Metro Times
Feb 27, 2008
The scene last week in the Detroit City Council chamber was deceptively cordial.
In a rare appearance before this city's legislative body, Mayor Kwame Kilpatrick once again displayed many of the qualities that helped him become the youngest man to ever lead Detroit. The intelligence and command of facts, engaging manner and the ability to seem candid even under difficult circumstances — all were apparent as he sat calmly in the packed room, the focus of everyone's attention.
A respectful council asked tough questions — about police department staffing, about the budget and about plans to stimulate the local economy ... Kilpatrick fielded the council's queries with ease, taking a bit of blame for some of the problems, explaining away others with the promise that fixes were under way, all the while giving the impression that he was firmly in control and that the city is in capable hands.
Business as usual.
Except that we all know it is not business as usual in Detroit these days. The mayor's performance was a fig leaf unable to conceal the truth: He has failed this city and the voters who put their trust in him. His credibility is in tatters and his reputation indelibly stained. And as a result, this beleaguered city has become the punch line for jokesters from The Washington Post to Real Time with Bill Maher.
But he says he won't quit on us. Because, as he says, he's on a mission from God. And as for the scandal enveloping him and this city for the past month, well, as Kilpatrick told one local radio station, "God let this happen to me."
As if he were somehow hit by a random lightning bolt, and it was just him suffering the consequences of his actions. That one line says a lot: Whatever happens, it is all about Kwame Kilpatrick.
But it is not just about him. It is about this city, and the people who live and work here, the taxpayers who pay the mayor to represent our interests and improve our lot; it's about a region that has Detroit as its heart and the mayor of Detroit as its most prominent politician.
So, if what Kilpatrick says is true, and it was indeed his deity that somehow let all this happen, then we have a question for the theologians out there: What's God got against Detroit?
Because what God "let" happen to Kwame Kilpatrick has cost this impoverished city $9 million and counting. And that's just the part we can put a price tag on.
In 2002, Kwame Kilpatrick, then 31, strode into office carrying a world of promise on his massive shoulders, a young, charismatic politician whose future seemed to have no bounds. The voice of a new generation, he vowed that a resurgence, which took wing under Mayor Dennis Archer's administration during the 1990s, would gain even more impetus under his youthful, energetic leadership.
Kilpatrick pulled off hosting Super Bowl XL, revised development deals with the city's three casinos that resulted in permanent gambling houses and hotels being built, closed a deal to restore the landmark Book-Cadillac Hotel. The NEXT Detroit project is to revitalize six targeted neighborhoods over five years; Quicken Loans is to relocate its headquarters downtown. There have been years during his administration when, remarkably, Detroit has led the area in housing starts. The mayor has also made some unpopular but necessary changes, most notably the significant downsizing of the city's workforce to reflect the reality of a less populous city.
Those accomplishments make Kilpatrick's fall from grace all the more a heartbreaker for many of those who once believed in him.
But there is an even greater tragedy under way — the tragedy of a city that has long struggled to lift itself from urban decay and disinvestment only to find yet another massive impediment on its uphill road to recovery. The tragedy of a city that suddenly finds its attention focused not on revival efforts but rather speculation about whether its mayor is going to be charged with perjury, speculation about court maneuvers, about investigations, about the morning's headlines and sound bites in the city's ongoing soap opera.
"I keep trying to get attention focused on these very important issues — what to do with the waste incinerator, the issue of predatory lending and home foreclosures, regional transportation issues — but I can't get publicity for these things," says Councilmember JoAnn Watson. "The climate has been challenged by trust issues and integrity issues. The atmosphere here is very heavy with tension and drama. Business has not stopped, but it is a real challenge getting around the cloak of intrigue surrounding this crisis."
These are the questions occupying the minds of people not just in Detroit but throughout the metro area: Will Kwame Kilpatrick remain in office? And if he does, how effective a leader can he be after sustaining the immense political damage from a long-simmering scandal that boiled over last month when the Detroit Free Press uncovered tawdry text messages between the mayor and the woman who served as his chief of staff. (The Kilpatrick administration, for the record, has claimed — and the Freep has denied — that the messages were obtained illegally. The administration hasn't protested their accuracy.)
Text messages prove the mayor and his mistress, Christine Beatty, lied under oath while on the stand during a whistle-blower lawsuit last year, and lied for years before that after allegations of impropriety became public as far back as 2003.
Opinions vary as to whether the mayor can retain his office. The offspring of a powerful political family — his mother is a former state legislator and current member of Congress, and his father served as a Wayne County Commissioner and then chief of staff to former County Executive Ed McNamara — Kilpatrick might still defy the odds and keep calling the Manoogian Mansion home.
But doing so would not be in the best interests of Detroit.
Kilpatrick says he would never quit on this city. But he has already failed us.
Our city — just identified by Forbes magazine as America's worst big city — can no longer afford having Kwame Kilpatrick as mayor.
We can't afford the financial costs of Kwame Kilpatrick's blundering, bad judgment and arrogance. And we can't afford the distractions those character flaws have created.
We can't afford his lies and cover-ups. We certainly can't afford the divisiveness he fosters when, to divert blame for wrongdoing, he claims to be the victim of racism and mass media simply manufacturing scandal to boost television ratings and newspaper circulation. And that's not to overlook the wariness and hostility in some quarters to a thirtysomething African-American who dresses sharp and identifies himself as the hip-hop mayor.
Let's be clear about one thing: We would not be calling upon Kwame Kilpatrick to resign if all he'd done was have extramarital affairs come to light. History is filled with politicians similarly inclined, who managed to serve their constituents well. Even for a politician, there is such a thing as a personal matter.
Look at the sex ads in the back of this paper. No one has ever accused us of being prudes, or of pretending to be holier than thou. And we don't expect our politicians to be saints. We do, however, expect them to tell the truth, especially when they are on the witness stand and under oath.
Certainly the mayor would like to have us think that this scandal is all about the sex. Such a transgression should be easy to overlook, especially when the betrayed wife is willing to choke back humiliation as she steps stone-faced into the harsh spotlight and stands by her man.
If Carlita Kilpatrick can forgive Kwame's carousing, then we the public certainly should be able to do the same and accept his apology.
But for the public, there have been so many interlocked transgressions that we can't be exactly sure what he's apologizing for.
We do know this: He never issued a direct apology to the cops whose careers he ruined for doing nothing more than their jobs.
And that is what this is all about — that and the wave of problems those firings have created.
It is about a city swimming in red ink having to pay out nearly $9 million to three good cops who had their lives upended by a mayor who ruthlessly attacked them, slandering their reputations to protect himself.
No one should be surprised by all this. Evidence of Kilpatrick's reliance on mendacity as a handy political tool surfaced before.
When running against Gil Hill for mayor in 2001, Kilpatrick lambasted his rival for accepting campaign contributions from controversial attorney Geoffrey Fieger, a white suburbanite. That proved to be a mistake, because Fieger quickly responded by releasing a voice-mail message from Kilpatrick asking the lawyer to support his campaign.
During that same election, the mayor-to-be was asked about a $50,000 donation to one of his nonprofit entities from the operator of a homeless shelter himself under a legal cloud. Kilpatrick blithely responded that he would have asked Mother Teresa for a donation if she were still writing checks. Realizing afterward that it was probably a bad idea to be making that kind of crack about the sainted and deceased Nobel laureate, Kilpatrick, as The Detroit News reported at the time, then denied in a radio interview that he'd ever made so crass a comment.
The most blatant example came in early 2005, when Steve Wilson, the investigative reporter for television station WXYZ, discovered that the administration had surreptitiously leased a luxury Lincoln Navigator for the mayor's wife and children to be chauffeured around in. This when the administration was announcing the need for hundreds of layoffs to help address a projected $230 million budget deficit for the coming fiscal year.
What fueled the outrage was the fact that the cherry-red Navigator was leased for $24,995 — $5 below the limit that would trigger the need for City Council approval of the contract. Even worse was the fact that the initial response from Kilpatrick and his chief of police, Ella Bully-Cummings, was to say that the vehicle had been obtained for use by undercover narcs — because, apparently, that's the kind of flashy vehicle drug dealers roll in.
Kilpatrick finally fessed up, sort of, attributing his initial lies to "communication" problems. He promised to correct that by holding weekly news conferences; they lasted about six weeks, then he stopped showing up.
The Navigator fiasco seems like small change compared to the recent payout to cops, but at the time it seemed to offer the kind of concrete evidence that the public could wrap its mind around, the anecdote that illuminates a larger truth.
But 10 months later, the people of Detroit re-elected Kwame Kilpatrick to a second term as mayor.
REGIONAL EYES
When people talk about the need for southeast Michigan to come together and function as a cohesive region, they are not mouthing platitudes. They are acknowledging the realities of a global economy.
We will rise or fall as a region. And Kwame Kilpatrick is an impediment to regional cooperation because he fans the flames of racism — and the urban-suburban divide it helps create — every time he tries to use it as a defense.
That was never more apparent than when a jury of 11 whites and one black found in favor of two former cops who had filed a whistle-blower lawsuit against Kilpatrick, his chief of staff Christine Beatty and the city. Never mind that the two ex-cops — former Deputy Chief Gary Brown and Harold Nelthrope, who served on Kilpatrick's security detail — are also black. So is Walt Harris, another former Kilpatrick bodyguard who received a $400,000 settlement after claiming that he too was harassed after speaking out about problems with the mayor's security detail.
Kilpatrick took the same low road when locked in a vicious re-election battle against challenger Freman Hendrix in 2005. That was when one of Kilpatrick's campaign operatives ran a newspaper ad depicting the mayor as the victim of a media lynch mob. Among the members of this mob was Metro Times columnist Jack Lessenberry. Also pictured in the ad was radio talk show host Mildred Gaddis, who is an African-American. Kilpatrick never disavowed the ads. After he was re-elected, Gaddis says Kilpatrick sent her funeral flowers.
When Kilpatrick first ran for office, part of his promise was that his youth would help him break down the racial barriers that keep Detroit so terribly divided from the rest of this region.
Tom Barwin, then city manager for the city of Ferndale, looked forward to that promise being fulfilled. But he never saw it. Now manager for the village of Oak Park on the outskirts of Chicago, Barwin was a driving force behind formation of a coalition of older suburbs surrounding Detroit in 2002.
"When I was in Ferndale, we did what I thought was the closest thing to a miracle Detroit could ever hope for by forming the Michigan Suburbs Alliance," says Barwin. The nonprofit organization brought together older, inner-ring suburbs beginning to experience some of the same problems Detroit had been dealing with for decades. With issues such as smart growth and regional mass transit atop its agenda, and almost a million people in the cities represented, the group offered the prospect of being a powerful ally for Detroit.
"If I had been the mayor of Detroit and heard about what we were doing, I would have got down on my knees and thanked the Lord. But we couldn't even get in to see the mayor."
It was a huge disappointment.
"A lot of us were really enthused by the mayor's rhetoric when he was running for office," says Barwin. "That rhetoric may have even helped lead to our coalition-building."
But once Kilpatrick got into office, the tune changed.
"It was our clear impression that Detroit and the mayor were not understanding the real-world need to build coalitions," says Barwin. "The message we got was, 'We don't need any great white hope to come in and save us.' It was a continuation of metro Detroit's unfortunate racial stratification."
Looking at the situation from afar now, he sees Kilpatrick's current problems as doing even further damage to any prospects of regional bridge-building.
"If you lose your integrity, or are even perceived to have lost your integrity, it is tough to get much accomplished," he says.
And what does attempting to deflect blame by playing the race card do?
"In terms of public policy," Barwin says, "playing that card is a disaster."
But there's more than that one blunt club in our mayor's deck.
"Kwame Kilpatrick has consistently played three cards — the media card, the race card and the God card," says political consultant Sam Riddle. "And we can't let him get away with it anymore, because it is an insult to everybody."
In 2005, Riddle worked to help get Kilpatrick re-elected. Now he works as chief of staff for City Council President Pro Tem Monica Conyers. If Kilpatrick were to leave office early, Council President Ken Cockrel Jr. would move into the mayor's office and Conyers would become council president. But Riddle says his motivation for speaking out against Kilpatrick has nothing to do with helping his boss move up Detroit's political ladder.
"I helped get this guy re-elected," says Riddle. "But now I have to be on the opposite side. It is the decent thing to do. It is the right thing to do. This administration has institutionalized arrogance."
"This is a guy who had the whole national stage at his beck and call," says Riddle, observing that Kilpatrick had the potential to take the same meteoric rise now being experienced by Illinois Senator Barak Obama. Instead, a lack of "moral fiber" has caused that future to flame out.
"I'm disappointed," Riddle says, "and I'm acting on that disappointment by speaking out now."
Riddle describes a city government at war with itself, with the administration on one side of the barricade and the council on the other. Predicting that the situation is "going to get uglier before it gets better," he contends the administration is "mortally wounded."
But don't expect the mayor to suddenly decide to leave before forcing us all to suffer the agony of his administration's potential death throes.
Riddle isn't alone when he speculates that one reason Kilpatrick's refusing to resign now is to hold a bargaining chip; if Kilpatrick is indicted for perjury, he could use his exit as a way to negotiate a lesser charge or lesser penalties, much the same way former Vice President Spiro Agnew did when accused of corruption during his days in Richard Nixon's administration. Others speculate he'd rather fight the potential charges as mayor than as a private citizen.
Speaking of Nixon, people looking to make analogies between Kilpatrick's situation now and similarities to experiences occupants of the Oval Office have had might be better served paying more attention to Tricky Dick and less to Bill Clinton.
Yes, Clinton lied in a deposition and to the public about having sex with "that woman" Monica Lewinsky. But Clinton's dissembling was so far removed from the underlying crime being pursued by Special Prosecutor Ken Starr that few Americans could explain the connection even at the time. Kilpatrick, on the other hand, did more than lie about not having sex with former Chief of Staff Christine Beatty, who recently resigned in disgrace. The mayor and his mistress stopped an investigation by Internal Affairs head Gary Brown.
Brown was responding to allegations made by bodyguard Harold Nelthrope that Kilpatrick pals running his security detail (and facilitating his philandering) were adding hundreds of hours of unearned overtime to their pay sheets, and that these same guys had been drinking and driving city vehicles, allegedly resulting in at least one accident that was said to have been covered up.
And then there's the infamous party at the Manoogian Mansion — the party Attorney General Mike Cox declared "urban legend" after conducting an investigation that neglected to produce sworn statements from any potential witnesses. It's at this same party that never happened that Carlita Kilpatrick was rumored to have shown up unexpectedly and attacked and injured one of the strippers.
And Brown's investigation wasn't the only one that was shut down. After a stripper named Tamara Greene, who performed under the name Strawberry, was gunned down in a drive-by shooting, the homicide investigator looking into that killing was transferred out of the unit and the case was prematurely put into the "cold case" file.
That cop, the now-retired Lt. Alvin Bowman, also sued, claiming he too was the victim of retaliation. A jury sided with Bowman in 2005, awarding him $200,000.
So you can add that to the tab of the party that never happened.
In addition, one consequence of the recent text message revelations is that a stalled lawsuit brought on behalf of Greene's children has been revived, with their attorney seeking yet more of the messages, and Greene's mysterious death again making headlines. (The Detroit Police Department has even asked the public for help with tips in the case in recent weeks.)
What's sad from a taxpayer perspective is that most of the $9 million that has been paid out so far could have stayed in the city's coffers instead of going into the pockets of wronged cops and attorneys. Brown — whose stature and sterling reputation leant credibility to all the allegations of retaliation — told Metro Times in the past that he would have walked from the force quietly if the Kilpatrick administration had just allowed him to retire as a deputy chief instead of first firing him, then lying about that and forcing his retirement at a lower rank and pay grade.
And here's another thing to remember about those text messages uncovered and published by the Free Press: They weren't all about illicit sex between Kilpatrick and Beatty. Some of them recorded a back-and-forth chat between the two as they discussed the need to fire Brown, something they claimed under oath not to have done.
That, however, doesn't guarantee the two will be convicted of perjury if charges they are brought by Wayne County Prosecutor Kym Worthy. One legal expert we talked to, Detroit appellate attorney Mark Bendure, explained to us that proving the charge — which carries with it a potentially penalty of 15 years in prison for each lie told — can be more difficult than many laymen assume.
From questions about corroborating evidence to potential questions about the text messages under wiretap statutes, he describes this case as having "a whole lot of practical wrinkles." And those are aside from the politics of an elected prosecutor and a sitting mayor.
And, absent being forced from the mayoralty, there are plenty of people who believe that our mayor could remain in office at least until he's up for re-election again in 2009.
"Before this scandal, I told people he could be mayor for as long as he wanted. Now I'm not saying that," says Ollie A. Johnson III, an assistant professor of African studies at Wayne State University who has written extensively on black politics in America and Latin America.
But he isn't predicting an early exit for Kilpatrick either.
"He still has that talent for connecting with people and making things happen."
The mayor can still count on a certain level of support from black churches, black activists and black media. There have been no large shows of support for the mayor — at least not yet — like the letter of support signed by 150 Detroit ministers in the last election race. "He's an embarrassment to this city and to his supporters and that's just the reality of the situation," says Johnson.
On the other hand, adds Johnson: "I think it is very difficult to predict how it's going to eventually be resolved because there are so many potential variables at play. He shouldn't be counted out."
THE SURVIVOR
If he does stay in office, how effective can Kilpatrick be?
No one we've talked to predicts the city will grind to a halt, but many worry about how much a city facing enormous challenges can get done with the multiple distractions of courts, investigations and newspaper headlines.
One investment counselor with a number of wealthy clients who do business in Detroit told us that as long as there's money to be made here, people will continue to invest no matter who it is in the mayor's office that's cutting deals.
That may be true, but getting anything achieved for the foreseeable future is, at very best, going to be a much more difficult task for the Kilpatrick administration than it has been in the past.
"There's no way he can continue to exert power and influence the way a popular incumbent could," says Bill Ballenger, editor of the publication Inside Michigan Politics. "A lot of the mayor's power is derived from people being afraid of him coming down on them and playing hardball. But no one is fearing him now. He's like a drowning man reaching for a life raft."
Political consultant Riddle made a similar observation:
"What's the incentive for people to cut a deal with a mayor whose longevity is suspect, and whose word is suspect? Where's the incentive to do business with him if he might not be around to close the deal?"
There's no telling what surprises the coming days and weeks could bring. The state Supreme Court could issue its ruling regarding the disclosure of secret documents associated with the whistle-blower case at any time.
Moreover, the Free Press still has those 14,000 text messages in its possession. During a recent appearance on the local public radio program Detroit Today, M.L. Elrick, half of the reporting team that broke the text message story, said that there is much more there than what has been reported so far, and that more stories are in the works.
And then there's the City Council, which Riddle says could be the real wild card in this deck. He explains that, according to the City Charter, council has the ability to hold "Watergate-style hearings, complete with subpoenas," and that if the mayor is found to be in violation of the charter — by using public office for private gain, to cite just one example — council could force his removal from office.
In addition, the city's Board of Ethics was asked last week to evaluate a complaint filed against Kilpatrick as a result of the recent revelations. The board has the power to investigate complaints against public officials and recommend forfeiture of office to the City Council.
Beyond that, the City Council has hired its own attorney — esteemed civil rights litigator Bill Goodman — to represent that body. Last week Goodman filed documents with the state Supreme Court urging disclosure of the whistle-blower case documents the Kilpatrick administration is trying to keep secret. The council approved the settlement after being kept in the dark about the full agreement.
Two lower courts have already ruled against the administration, and experts say it is highly unlikely the Supreme Court would overturn those decisions.
Attempts by the administration and its lawyers to defend their position have been positively Orwellian in terms of the doublespeak being unleashed. They are in the unenviable position of trying to convince the public that documents they initially claimed didn't exist somehow haven't been kept secret while at the same time declaring the attempts to keep the information secret is really in the best interest of all of us.
In his court filings, Goodman quoted a ruling by the highly respected Detroit jurist Damon Keith, senior judge for the United States Court of Appeals for the Sixth Circuit.
"Democracies die behind closed doors," wrote Keith. "When government begins closing doors, it selectively controls information rightfully belonging to the people. Selective information is misinformation."
Aside from the outrage of trying to keep public information hidden, if the administration loses, as is highly likely, the city will almost certainly be required to pick up the tab for lawyers representing Detroit's two daily papers attempting to bring the documents into the public realm. That's a provision of Michigan's Freedom of Information Act.
The mayor, in this regard, has shown absolutely no compunction about wasting our money.
Yet he continues to vow that he won't quit on us. Even though he has failed us in so many ways.
In an appearance on the NPR program News and Notes, Mary Frances Berry, a professor of history at the University of Pennsylvania and the former chairwoman of the U.S. Commission on Civil Rights, observed that the question of whether Kwame Kilpatrick violated the law remains unanswered for the time being. But, she concluded, one thing is obvious:
"He is a huge embarrassment and in a way it would just be much better if he would simply resign."
We agree.
Kilpatrick's legal options running out
Detroit News
February 28, 2008
Today's Michigan Supreme Court decision on secret settlement records related to city of Detroit police whistle-blower lawsuits, while assuring those records will be made public, likely does not end civil court proceedings related to the text message scandal.
Lawyers for Detroit Mayor Kwame Kilpatrick have said they are exploring a possible civil lawsuit against whoever leaked to the news media the text messages he exchanged with his former chief of staff.
William Mitchell III, one of Kilpatrick's lawyers, has said the only people who were supposed to receive the text messages from SkyTel of Mississippi were Michael Stefani, a lawyer representing police officers in whistle-blower lawsuits against the city, and Wayne Circuit Judge Michael Callahan, who handled the cases. Callahan has denied ever seeing the records.
Federal court proceedings, though less likely, are another possibility. Sharon McPhail, the mayor's general counsel, has said the mayor's civil rights were violated.
Lawyer Mayer Morganroth said he met with Kilpatrick and Beatty at his law office in Southfield Wednesday about his representation of them in unspecified legal cases. They were not at his office to be deposed, Morganroth said.
Morganroth represents Beatty in connection with a criminal investigation by Wayne County Prosecutor Kym Worthy into possible perjury charges.
He represents the mayor, Beatty and the city in a federal lawsuit brought by the family of slain exotic dancer Tamara Greene.
Morganroth repeated his earlier assertion that he has no conflict of interest in representing Kilpatrick, Beatty and the city at the same time.
Peter Henning, a law professor at Wayne State University, said today the mayor's legal options are exhausted in terms of keeping secret the settlement agreements as well as a transcript of sworn testimony by Stefani when he was questioned about the settlement agreements by lawyers for the two newspapers.
"I fully expect more litigation," by the mayor, Henning said. "I don't expect it to be successful.
"At some point they're going to have to figure out a battle they can win."
It's possible a lawsuit alleging violation of Kilpatrick's privacy rights could be filed, but unless the mayor could show the Free Press, which first published excerpts of the text messages, obtained them illegally, success is not likely, he said.
"At this point, what you're talking about is putting Humpty Dumpty back together again," he said.
Lawrence Dubin, a law professor at University of Detroit Mercy School of Law, agreed.
"Anyone can file a civil lawsuit against anyone else," Dubin said. "Whether those lawsuits have merit is another question.
"I don't think any potential civil lawsuit will have any impact on the ultimate disclosure of these records."
Revelations raise more questions on Kilpatrick
Detroit News
February 29, 2008
Show us the messages
When will we get to see all the text messages of Detroit Mayor Kwame Kilpatrick? Put the sex aspect aside ("Kilpatrick loses court fight; scrutiny grows," Feb. 28). I am more concerned with potential criminal activity that may be present in the text messages. I want to know if there is any mention of deceased exotic dancer Tamara Greene in the messages. I want to know if there is mention of the alleged Manoogian Mansion party.
Willie Tasby
Detroit
'Kick the bum out'
As someone who works in Detroit and pays city taxes, I'm disgusted that my money has gone to subsidize Mayor Kwame Kilpatrick's lies. All of southeastern Michigan has been stained by his self-centered ineptitude. This region deserves mature leadership. Kick the bum out.
Jeff Coulter
Rochester Hills
Kilpatrick no role model
As a former Detroiter, I have read the news about Mayor Kwame Kilpatrick with both sadness and anger. Kilpatrick has effectively told every young person that it's OK to lie under oath if you think you can get away with it.
Kilpatrick continues to compound the damage by trying to hold back the truth. Where are the role models for our youth to look to for guidance in living a honorable life? Not those running Detroit.
James Hoover
Grand Rapids
Hold mayor accountable
I hope The Detroit News continues to hold the Detroit mayor's feet to the fire ("Mayor's deception damages relations with City Council," Feb. 28).
Kwame Kilpatrick abused the office. He wasted taxpayer dollars. He cheated on his wife. He brazenly lied to his family, the courts, the media and the public. And now he has the gall to think that "apologizing" atones for all this garbage?
Alois Dantius
Harper Woods
Results of Clinton defense
Detroit Mayor Kwame Kilpatrick's perjury and cover-up become more apparent with each revelation. If citizens and elected officials do not realize that swearing to tell the truth in court is fundamental to a free society, one branch of government will cease to function.
However, President Bill Clinton, with the support of the Democrats in Congress, remained in office after perjuring himself. How would our elected officials have responded if President Richard Nixon had used the Clinton-Kilpatrick defense?
David L. Rose
Canton Township
Ex-police official believes Greene killed by Detroit cop, court record shows
Detroit News
March 4, 2008
DETROIT - A former homicide lieutenant who investigated the death of exotic dancer Tamara Greene said in a sworn affidavit he believes the woman was killed by a member of the Detroit Police Department.
Lt. Alvin Bowman also said in the affidavit he is aware of links between Greene and "high-ranking city employees" and an unnamed associate of Detroit Mayor Kwame Kilpatrick.
Bowman gave the deposition in a federal lawsuit brought by Greene's family against the city of Detroit, Mayor Kwame Kilpatrick and other city officials.
Greene's family alleges that top city officials interfered with the investigation of Greene's April 30, 2003, drive-by killing for political reasons. City officials deny the allegations.
Greene's name has been linked to a long rumored but never substantiated party at the mayor's Manoogian Mansion.
Bowman, who alleged in a separate lawsuit that he was transferred out of homicide for attempting to investigate Greene's killing, said in a Feb. 29 affidavit, "I suspected that the shooter was a law enforcement officer, and more specifically, a Detroit Police Department officer."
Bowman was awarded $200,000 in a jury trial against the city.
Deputy Chief James Tate, a spokesman for Detroit police, could not be reached for comment this morning. Calls to Mayer Morganroth, the lawyer representing the city in the Greene civil lawsuit, and James Canning, a spokesman for the mayor, were not immediately returned.
Greene was shot about 18 times with a .40 caliber weapon - the kind issued to Detroit police - while sitting in a parked vehicle, Bowman said in the affidavit.
Bowman believed Greene was the target of a contract killing, partly because the shooter had ample opportunity to shoot the male passenger in the vehicle, but did not do so, he said.
"In the course of our investigation, I learned from the Michigan State Police that they possessed a telephone record linking Ms. Greene to high-ranking city employees not long before her murder," Bowman said in the affidavit.
"I also learned that Tamara Greene danced for and was employed by an associate of Mayor Kilpatrick."
The mayor is embroiled in a controversy over $8.4 million in city settlements paid to three other former Detroit police officers who filed whistle-blower suits alleging they were retaliated against for reporting or investigating matters related to the party and/or alleged wrongdoing by the mayor and his police bodyguards.
The mayor signed a secret agreement as part of the settlements requiring that text messages exchanged in 2002 and 2003 between him and his former Chief of Staff Christine Beatty be kept under wraps. The text messages, disclosed by the media in January, point to an affair between Kilpatrick and Beatty, and possible perjury after both testified at a whistle-blower trial last year. Wayne County Prosecutor Kym Worth is investigating.
Bowman alleged both former Detroit Police Chief Jerry Oliver and current Chief Ella Bully-Cummings gave "an unexplainable amount of attention" to the Greene case, with Oliver on numerous occasions requesting the file be sent to his office for review.
"On each occasion, the file was returned ... with reports missing from the file," Bowman alleges in the affidavit.
Under Bully-Cummings, the file was prematurely sent to the "cold case" file, despite the fact the killing was less than a year old and was being actively investigated, he said.
Another officer on the homicide squad, Sgt. Marion Stevenson, said her case notes on the Greene murder "were erased from her computer hard drive" and "her zip storage files disappeared from a locked cabinet inside the police department," Bowman said.
"The members of my squad and I were aware or otherwise believed that the filed was given to cold case and that I was transferred because neither Mayor Kilpatrick not his Chief of Staff Christine Beatty wanted there to be an investigation of the Manoogian Mansion party," Bowman alleged.
The lawyer representing part of Greene's family, Norman Yatooma, also filed in court a Michigan State Police report of an interview with an emergency medical technician who said he witnessed a disturbance at Detroit Receiving Hospital in the fall of 2002 at which he was told "the mayor's wife had beat down some b----."
A prominent feature of the Manoogian Mansion party rumor has been the allegation that Kilpatrick's wife, Carlita, arrived at the party and assaulted an exotic dancer.
Douglas Bayer, described in a Michigan State Police report as an EMT with the Detroit Fire Department, said he arrived at the hospital on a call and "observed a large crowd in the reception area who were causing a commotion." He said the crowd of about 20-25 people included blacks and whites, males and females, some well-dressed, and "two individuals had Secret Service-type earpieces."
On the way out of the hospital, Bayer asked a group of EMT workers outside the hospital what the commotion was about and was told it related to an assault on a woman by the mayor's wife, the police report stated.
Cop suspected DPD role in killing
Former lieutenant told court he was looking into dancer's links with officials when city demoted him
Detroit News
March 4, 2008
DETROIT -- A former homicide lieutenant who investigated the death of exotic dancer Tamara Greene said in a sworn affidavit he suspects the woman was killed by a member of the Detroit Police Department.
Alvin Bowman also said in the affidavit he is aware of links between Greene and "high-ranking city employees" and an unnamed associate of Mayor Kwame Kilpatrick.
Mayer Morganroth, the Southfield attorney representing the city and the mayor in the Greene civil lawsuit, described Bowman's allegations on Monday as "garbage."
Bowman gave the deposition in a federal lawsuit brought by Greene's family against the city of Detroit, Kilpatrick and other city officials.
Greene's family alleges top city officials interfered with the investigation of Greene's April 30, 2003, drive-by killing for political reasons. City officials deny the allegations.
Greene's name has been linked to a long-rumored but never substantiated party at the mayor's Manoogian Mansion.
Bowman, who alleged in a separate lawsuit that he was demoted for attempting to investigate Greene's killing, said in a Feb. 29 affidavit, "I suspected that the shooter was a law enforcement officer, and more specifically, a Detroit Police Department officer."
Bowman was awarded $200,000 in a jury trial against the city.
Detroit Police say the case remains open. James Canning, a spokesman for the mayor, declined comment, citing ongoing litigation.
But Morganroth said stories of a party with strippers at the mayor's mansion late in 2002 are ridiculous. Attorney General Mike Cox, who investigated the rumored party, accurately described it as an urban legend, Morganroth said.
"Find a person who was there. Find a person who knows anything firsthand."
Greene was shot about 18 times with a .40 caliber weapon -- the kind issued to Detroit police -- while sitting in a parked vehicle, Bowman said in the affidavit. Morganroth said .40 caliber Glocks are also commonly used by drug dealers.
Bowman believed Greene was the target of a contract killing, partly because the attacker had ample opportunity to shoot her male passenger, but did not, he said.
"In the course of our investigation, I learned from the Michigan State Police that they possessed a telephone record linking Ms. Greene to high-ranking city employees not long before her murder," Bowman said in the affidavit.
"I also learned that Tamara Greene danced for and was employed by an associate of Mayor Kilpatrick."
Norman Yatooma, the lawyer representing Greene's son Jonathon Bond, said Bowman does not wish to identify that associate, though he may have to as the lawsuit proceeds. Bowman could not be reached.
The mayor is embroiled in controversy over $8.4 million in city settlements paid to three other former Detroit police officers who filed whistle-blower suits alleging they were retaliated against for reporting or investigating alleged wrongdoing by the mayor and his police bodyguards.
The mayor signed a secret agreement as part of the settlements requiring that text messages he exchanged in 2002 and 2003 with former Chief of Staff Christine Beatty be kept under wraps. The text messages, disclosed in January, point to an affair between Kilpatrick and Beatty, and possible perjury after both testified at a whistle-blower trial last year. Wayne County Prosecutor Kym Worthy is investigating.
Bowman alleged both former Detroit Police Chief Jerry Oliver and current Chief Ella Bully-Cummings gave "an unexplainable amount of attention" to the Greene case, with Oliver on numerous occasions requesting the file be sent to his office for review.
"On each occasion, the file was returned ... with reports missing from the file," Bowman alleges in the affidavit. Oliver could not be reached Monday.
Under Bully-Cummings, the file was prematurely sent to the "cold case" file, when the killing was less than a year old and being actively investigated, he said.
Another officer on the homicide squad, Sgt. Marion Stevenson, said her case notes on the Greene murder "were erased from her computer hard drive" and "her zip storage files disappeared from a locked cabinet inside the police department," Bowman said.
"The members of my squad and I were aware or otherwise believed that the file was given to cold case and that I was transferred because neither Mayor Kilpatrick nor ... Beatty wanted there to be an investigation of the Manoogian Mansion party," Bowman alleged.
Yatooma also filed in court a Michigan State Police report of an interview with an emergency medical technician who said he witnessed a disturbance at Detroit Receiving Hospital in the fall of 2002 at which he was told "the mayor's wife had beat down some b----."
A key feature of the Manoogian Mansion party rumor has been the allegation that Kilpatrick's wife, Carlita, arrived at the party and assaulted an exotic dancer.
Douglas Bayer, described in a Michigan State Police report as an EMT with the Detroit Fire Department, said he arrived at the hospital on a call and "observed a large crowd in the reception area who were causing a commotion."
He said the crowd of about 20-25 people included two people with "Secret Service-type earpieces" he assumed were members of the mayor's executive protection unit.
On the way out of the hospital, Bayer asked a group of EMT workers what the commotion was about and was told it related to an assault on a woman by the mayor's wife, the police report stated. Bayer did not return a call to his home Monday.
Violent crime task forces make a difference
Detroit News
March 4, 2008
I read with interest the Feb. 15 editorial ("Solving Detroit murders should be a top priority").
Consider here in Flint, which is really a mini-Detroit, that an FBI-led violent crime task force comprised of FBI agents, Genesee County narcotic deputies, Flint city officers and Michigan State Police troopers targeted two vicious violent gangs, ultimately indicting 42 for murder, drug trafficking, and racketeering.
And behold: The murder rate in Flint dropped from 49 in 2005 and 55 in 2006 to 30 in 2007. This is no coincidence. It was the gangs that were committing a large share of the homicides.
Now this was no easy task. It required seasoned detectives and hard work plus the feds' ability to wiretap.
I know Detroit used to have a similar task force because I was a captain in the State Police at the criminal investigation unit in Livonia from 1991 to 1996.
We had four troopers assigned, Detroit had eight and the FBI had four. It was a dynamite investigative unit.
My point is you cannot just throw manpower at crime. It must be first supervised by innovative leaders who put only the proven investigators to the task.
The Tamara Greene murder case should be worked hard. One can only speculate why it is not and why a veteran homicide detective was pulled off the case. I wonder where the innovative leadership is in the Detroit Police Department.
James S. Gage, Undersheriff
Genessee County/Flint
Is there an end?
Detroit News
March 4, 2008
We cannot feel good about the ongoing saga we call the Detroit text message scandal. The door is opening wider and as we get closer to seeing what is inside there are far more questions than answers. There are places we don't want to go and things we don't know. This is the kind of thing that you just hope goes away.
There is a call for justice in the murder of Tamara Greene and this call is getting louder each day. There as always been people that wanted this murder solved. We live in a city where murder is common and unresolved murders are more common than not. Few murderers are brought to justice in the city, so it is not news that this one has not been resolved.
The good people that are now pushing openly and loudly for the killer or killers to be brought to justice have the case of Gary Brown and Harold C. Nelthrope on their side. The loss of this case by the city and the discovery of the text messages has given motivation and hope to the call for justice in Greene's murder.
The problem is there is more looking back to solve this case than going forward and the more we look back, the more people can be hurt by this scandal, which grows wider and wider.
Police chief said murder of Detroit dancer remains open case
Detroit News
March 4, 2008
DETROIT -- Detroit Police Chief Ella Bully-Cummings angrily chastised a former homicide lieutenant Tuesday for alleging that the police had a role in the death of an exotic dancer.
The chief said a sworn affidavit by former Lt. Alvin Bowman in a lawsuit involving dancer Tamara Greene was ridden with errors.
"The integrity of every member of the department was painted by this broad brush," she said at a press conference.
"That is reprehensible. It really is."
Citing one inaccuracy in the affidavit, Bully-Cummings said the medical examiner said Greene had been shot three times while Bowman claimed it had been 18 times.
The chief said her department is doing everything it can to solve the murder, and asked the public to come forward with any new information.
"Our officers are doing everything possible to bring this case to justice," she said.
The dancer's death has political overtones because her family claims in the lawsuit that top city officials interfered with the investigation. Greene was killed in a drive-by shooting in April 2003.
Her name has been linked with a long-rumored but never substantiated party at the mayor's Manoogian Manson.
Police chief denies allegations
She criticizes cover-up claim in dancer's death
Detroit News
March 5, 2008
Detroit Police Chief Ella Bully- Cummings says an affidavit by former Lt. Alvin Bowman in a lawsuit involving dancer Tamara Greene was riddled with errors.
DETROIT -- Detroit Police Chief Ella Bully-Cummings angrily chastised a former homicide lieutenant Tuesday for alleging that the police had a role in the death of an exotic dancer.
The chief said an affidavit by former Lt. Alvin Bowman in a lawsuit involving dancer Tamara Greene was riddled with errors.
"The integrity of every member of the department was painted by this broad brush," she said at a press conference. "That is reprehensible. It really is."
Citing one inaccuracy in the affidavit, Bully-Cummings said the medical examiner said Greene had been shot three times while Bowman claimed it had been 18 times.
The chief said her department is doing everything it can to solve the murder, and asked the public to come forward with any new information. "There is no cover-up in this Police Department into the death of Ms. Greene. Our officers are doing everything possible to bring this case to justice," she said.
The dancer's death has political overtones because her family claims in the lawsuit that top city officials interfered with the investigation. Greene was killed in a drive-by shooting in April 2003.
Her name has been linked with a long-rumored but never substantiated party at the mayor's Manoogian Mansion.
Bully-Cummings said the investigation into Greene's death is continuing.
In his affidavit, Bowman said he suspects Greene, who died April 30, 2003, as she and her boyfriend sat outside a home on Roselawn at Outer Drive, was killed by someone in the Detroit Police Department. Greene allegedly danced at a party at the Manoogian Mansion in 2002. Detroit Mayor Kwame Kilpatrick has denied a party ever took place.
Bowman's affidavit is part of a federal lawsuit filed by Greene's family against Kilpatrick, the city of Detroit and other city officials. Greene's family accuses high-ranking city officials of thwarting the investigation into her murder for political reasons.
The allegations have been denied.
The chief said "there are many, many erroneous statements in that affidavit I have refuted.".
Efforts to reach Bowman on Tuesday were unsuccessful. In his affidavit, Bowman said Greene's murder was a contract killing because the shooter had the opportunity to shoot her boyfriend but did not.
"In the course of our investigation, I learned from Michigan State Police that they possessed a telephone linking Ms. Greene to high-ranking city employees not long before her murder," Bowman said in the affidavit.
"I also learned that Tamara Greene danced for and was employed by an associate of Mayor Kilpatrick," Bowman said.
Bowman, who no longer works for the Police Department, said he was blocked in his investigation into Greene's murder. He later sued the city and won $200,000. Bully-Cummings said the Greene homicide has been thoroughly investigated, and the case is still active. "We exhausted all of the leads we had in this case," she said. "If we have nothing else we can go on, there is nothing else we can do on the case."
Attorney Norman Yatooma, representing Greene's family, called the chief's comments "an affront to the family."
Who killed Strawberry?
Detroit News
March 5, 2008
So who killed stripper Tamara Greene, a.k.a. Strawberry, supposedly a nude hit at Manoogian Mansion? Was she knocked off in some coverup? So far, the best case for city hall is that it's just another street murder in Detroit.
One of those things. Maybe drug related. Nothing out of the ordinary.
And that's the best case.
The worst case is that a cop killed her for some nefarious reason linked to city hall, a prospect raised under oath by a former cop.
No wonder the Conference of Black Mayors cancelled their convention in Detroit and headed for hurricane-pocked New Orleans. The mayors don't want to be associated with things Detroit.
Kill rumors by solving Detroit dancer's murder
Police chief should move Greene case to top of her priority list
Detroit News
March 6, 2008
Detroit Police Chief Ella Bully-Cummings Tuesday called "reprehensible" allegations that exotic dancer Tamara Greene was killed by a Detroit police officer.
The best way for Detroit Police Chief Ella Bully-Cummings to remove the cloud of innuendo from over her department is to solve the murder of exotic dancer Tamara Greene.
Greene was shot to death in 2003, and her slaying has triggered a spate of rumors about who killed her and why. Greene was linked to a much rumored but never proven 2002 party at the Manoogian Mansion, official residence of Mayor Kwame Kilpatrick.
A federal lawsuit filed by her family charges Detroit police failed to aggressively investigate her murder because the probe risked revealing improper behavior by the mayor. An affidavit by former Detroit Police Lt. Alvin Bowman claims that Bully-Cummings prevented him from pursuing the investigation and prematurely placed Greene's murder in the cold case files.
Bowman, who won a $200,000 wrongful discharge suit against the city, says he believes the dancer was shot by a Detroit police officer.
Bully-Cummings responded to Bowman's allegations in a press conference this week, saying the murder case is still active.
But she didn't say how active, who was investigating or where the investigation stands.
Nor did she specifically address most of the claims made by Bowman.
More details would give the chief's denials more credibility.
Bully-Cummings is right -- the rumors disparage the entire department. But she has the ability to put them to rest.
Detroit has a dismal homicide resolution rate. Charges are brought in fewer than half the homicides committed in the city. That means in Detroit, killers have a better than 50-50 chance of getting away with murder.
Greene's slaying may be just one more case that goes unresolved because of a lack of resources, a shortage of highly skilled investigators and the reluctance of the community to cooperate with the police.
But solving this homicide should be moved to the top of the priority list for the police department, if for no other reason than to put to rest some very troubling allegations.
The more details Bully-Cummings can give about how her department intends to do that, the better.
Judge orders texting saved from 34 city pagers
Morning Sun (Mt. Pleasant)
March 7, 2008
DETROIT (AP) - A federal judge has ordered the City of Detroit and SkyTel to preserve certain messages from 34 city pagers, including Mayor Kwame Kilpatrick's.
Wednesday's decision is connected with a lawsuit brought by the family of a slain 27-year-old exotic dancer.
Tamara Greene was shot to death April 30, 2003 in a car. The case remains unsolved. The father of Greene's 14-year-old son has filed a $150 million lawsuit against the mayor and other city officials.
Greene's name has been linked to a long-rumored party at the mayoral mansion in 2002. Former homicide investigator Alvin Bowman says he suspects an officer killed Greene. Police Chief Ella Bully-Cummings says Bowman has no evidence to back up his claim.
Old murder case causes chaos in Detroit mayor's office
The Repository - Canton Ohio
March 9, 2008
DETROIT - In a city that routinely sees more than 400 murders a year, the 2003 slaying of Tamara "Strawberry" Greene was an easily overlooked crime.
Few people initially took notice when the 27-year-old stripper was found slumped over the steering wheel of her green Buick Skylark. But soon the city was buzzing with rumors that she had danced at a party at the mayor's mansion — a story that never has been proved.
The investigation into the rumored party and her death helped launch Mayor Kwame M. Kilpatrick's avalanche of current woes, but nearly five years later, Greene's death has been overshadowed by recent revelations of an affair between the mayor and his chief of staff, Christine Beatty.
TEXT-MESSAGED LOVE NOTES
The scandal, complete with text-messaged endearments, has been fueled by reports Kilpatrick and Beatty lied about the affair while testifying last year.
Now Greene's death in April 2003 is emerging as a key story line in the city's civic soap opera.
Lawyers for Tamara Greene's 14-year-old son are pushing forward with a $150 million federal civil lawsuit against the mayor and the city, for allegedly quashing the investigation of her slaying.
They recently filed a statement from a former Detroit police officer alleging that his homicide unit was pressured to drop the case, even though it appeared to him that Greene's death was a hit.
They also have subpoenaed a slew of text-messages among city employees, including those sent between 1:30 a.m. and 5:30 a.m. the day Greene was killed.
The city is petitioning for the case to be dismissed. A federal judge ordered SkyTel and the city to save certain messages from 42 city pagers, including Kilpatrick's, as well as all messages sent the day Greene died.
MAYOR DENIES PARTY
The mayor, who declined to comment for this story, has denied that the party and the alleged assault took place. So, too, have Detroit police officials — at least publicly. A state investigation resulted in Michigan Attorney General Mike Cox's dismissing such claims as urban legend.
"They have no eyewitnesses, no caterers, not one person that said they were there that has been named," said attorney Mayer Morganroth, who is defending the city and the mayor in the lawsuit filed on behalf of Greene's son, Jonathan Bond.
A COVER-UP?
Bond's attorney Norman Yatooma said, "The mayor is a proven liar and perjurer. Neither the party nor Tammy's murder are urban legend. It's another legendary cover-up."
Police Deputy Chief Gary A. Brown, a 25-year veteran, also was looking into allegations that officers on the mayor's security team falsified overtime payroll, drank on the job and hid accidents in city cars.
He was fired unexpectedly after the 2003 memo -- in part, Brown claimed, for investigating the rumored party and because the mayor and Beatty feared their relationship would be exposed.
Ex-clerk: Mayor's wife hit dancer, report said
Alleged assault happened at Manoogian party, court filing saysCity officials deny allegations
Detroit News
March 11, 2008
DETROIT -- A retired Detroit Police Department clerk said an exotic dancer whose murder remains unsolved filed a police report in 2002, wanting to press charges against Mayor Kwame Kilpatrick's wife for allegedly beating the stripper during a party at the Manoogian Mansion.
The claim, made Monday in a federal court filing, alleges that Tamara Greene was sent to the hospital after Carlita Kilpatrick walked in, saw Greene touching the mayor and then beat Greene "with a wooden object."
Joyce Rogers, 65, of Troy signed an affidavit saying she saw the police report in 2002. The accusations, if true, could put a dent in claims that the party and the beating never took place. On April 30, 2003, Greene was murdered and her family has said top city officials interfered with the murder investigation for political reasons.
City officials have denied the allegations and said there is no proof of a party at the mayoral residence.
"I think it's nuclear," said Norman Yatooma, the attorney representing Greene's family. "It certainly makes it clear neither the party nor the assault are urban legend. It's just another of the mayor's legendary cover-ups."
A Detroit police spokesman said the department was "very interested" in what Rogers said and intends to go through paperwork, apparently to see whether it can find the report.
"We're hearing about it just like you are," said Second Deputy Chief James Tate.
Calls to the city's attorney handling the Greene case, Jeffrey Morganroth, and the mayor's spokesman were not immediately returned.
Rogers was a senior clerk with the Police Department in 2002, assigned to open and sort inter-office mail. She said she remembers the report because it involved the mayor. Typically, reports involving police officers or the mayor were handled by supervisors and not sent via the department's mail system, she said.
According to Rogers, Greene alleged that she and two other strippers were dancing at a party at the mayoral mansion when Carlita Kilpatrick arrived unexpectedly. The report claimed that Greene sought medical attention, Rogers said. After looking at it, Rogers said she put the report in the "incoming" basket.
She said she never talked about it with anyone and forgot about it until recently, when Greene's death and the lawsuit against the city became part of the aftermath of the text-message scandal.
After Police Chief Ella Bully-Cummings recently called on residents to help solve the murder by calling Crime Stoppers, Rogers said she called the tip line. No one has called her back, she said.
"I can't understand why no one came up and said there was a report," she said in an interview on Monday. "I know the officers who were there know about the report."
Tate said Rogers called the Crime Stoppers program, which is not handled by the city. Crime Stoppers does not attempt to call tipsters back, he said, to protect their anonymity.
John Broad, president of Crime Stoppers of Southeast Michigan, said it would be difficult to know whether Rogers' tip was forwarded to Detroit police. He said it "absolutely" should have if it came in, yet said there have been "very few" calls regarding Greene's death.
Rogers retired in 2002, saying she was forced out. She later filed a sex and age discrimination lawsuit against the Police Department. Yatooma said Rogers was a good employee who was well regarded by her peers.
In October 2002, a sergeant investigating her claim "sustained" her gender discrimination complaint and another police official concluded that Rogers' supervisor had created a "hostile environment" for Rogers and other women. Despite acknowledging those findings, the city fought Rogers' lawsuit and disagreed with her contention that she "performed her job competently."
The federal lawsuit was ultimately dismissed, and the parties settled the case through mediation, said Cary McGehee, an attorney who represented Rogers.
The Rogers affidavit is the latest recollection from former police employees. Ex-homicide Lt. Alvin Bowman told Yatooma recently he believed a member of the Police Department killed Greene. Bowman alleged in a separate lawsuit that he was transferred out of homicide for trying to investigate Greene's killing.
A day after Bowman's affidavit was filed, Bully-Cummings said it contained several errors, including the number of bullet wounds Greene suffered. Bowman said 18; the Wayne County medical examiner said three.
Greene was gunned down April 30, 2003, as she and her boyfriend sat outside a home on Roselawn at Outer Drive. In his affidavit, Bowman said Greene's murder was a contract killing because the shooter had the opportunity to shoot her boyfriend but did not.
Rogers' and Bowman's affidavits are part of a federal lawsuit filed by Greene's family against Kilpatrick, the city of Detroit and other city officials. Greene's family accuses high-ranking city officials of thwarting the investigation into her murder.
Following a five-week investigation in 2003, Michigan Attorney General Mike Cox said his investigators could not confirm that the party occurred, labeling it an "urban legend." The mayor has long denied there was party.
A spokesman for Cox said a joint investigation by the Michigan State Police and the Attorney General's Office never received a copy of a police report, despite many rumors about the party. "We tracked every one of them down and each one was found to be unsubstantiated," Rusty Hills said.
As for the mayor, Rogers said she initially thought about his youth; Kilpatrick was 32 at the time. "He just wasn't thinking. His hormones were thinking," Rogers said.
The Greene case has gotten a boost since a controversy erupted after the city paid $8.4 million to settle lawsuits with three other former Detroit police officers who filed whistle-blower suits alleging they were retaliated against for reporting or investigating matters related to the alleged party and/or alleged wrongdoing by the mayor and his police bodyguards.
The mayor signed a secret agreement as part of the settlements requiring that text messages he and former Chief of Staff Christine Beatty exchanged in 2002 and 2003 be kept under wraps. The text messages, disclosed by the media in January, point to an affair between Kilpatrick and Beatty, and possible perjury after both testified at a whistle-blower trial last year.
Wayne County Prosecutor Kym Worthy is investigating.
New lead in Manoogian rumors
Detroit New
March 11, 2008
So now there's a witness who remembers that a stripper filed a complaint against the mayor's wife following a spat at Manoogian Mansion. Well, it's only a secondary source, the witness wasn't at the mansion.
But on the other hand, she swears she saw the complaint. And it's hard to believe an old lady would risk going to jail with a fib like that.
Anyway, here's the story: Stripper Tamara Greene, later gunned down, wanted to press charges against the Detroit mayor's wife, Carlita Kilpatrick, who reportedly barged in on a party the mayor was having with three strippers, presumably all lovlies. Mrs. Mayor allegedly pounded Greene.
At a minimum, the police clerk's report gives the police and prosecutor some leads -- a specific place to look for paperwork and other witnesses, including a hospital where Greene was reportedly treated.
Former cop clerk saw stripper's report of assault
Affidavit says 2002 police file described party at Detroit mayor's mansion
Grand Rapids Press
March 11, 2008
DETROIT -- A former police desk clerk says she read a report filed by stripper Tamara Greene claiming she was assaulted by the wife of Detroit Mayor Kwame Kilpatrick during a party at Manoogian Mansion.
Rumors of a party involving strippers at the mayor's official residence have never been proven. Kilpatrick repeatedly has denied the party ever occurred.
But a signed affidavit from Joyce Carolyn Rogers says a police report filed in 2002 details the party and Greene's assault.
The affidavit was filed Monday in U.S. District Court by attorney Norman Yatooma, who is representing the family of Greene's 14-year-old son, Jonathan Bond, in a $150 million lawsuit against Kwame Kilpatrick, former Chief of Staff Christine Beatty and Police Chief Ella Bully-Cummings.
Greene, 27, whose stage name was Strawberry, was found shot to death early April 30, 2003, in a car on the city's northwest side.
Investigation stifled
Yatooma claims Kilpatrick's office has stifled the investigation into her death.
Rogers said in the affidavit she worked as a senior clerk at police headquarters from 1997 until her December 2002 retirement.
As part of her duties, Rogers said she opened and read mail, and reviewed and coded police reports.
The affidavit says the 2002 police report stated Greene and two other women were dancing at a party at the Manoogian Mansion when Carlita Kilpatrick returned unexpectedly.
Rogers recalled the report stated Carlita Kilpatrick saw Greene "touching Mayor Kilpatrick in a manner that upset the Mayor's wife."
She said the police report also stated Carlita Kilpatrick "left the room, and returned with a wooden object in her hand and began assaulting Ms. Greene."
Men at the party tried to restrain Carlita Kilpatrick, the report claims.
It also claims Greene was taken to a hospital for her injuries.
"By filing a report, it was clear to me as a clerk working in records, that Ms. Greene wanted to press charges against Carlita Kilpatrick," Rogers said in the affidavit.
Rogers said she placed the report in an incoming basket where it should have been sorted the following day into a record file by a police sergeant.
Rogers said she called a tip line last month to disclose what she knew about the report to Detroit police, but no one called her back.
A police spokesman said Monday evening the department doesn't operate that tip line and information left on it is anonymous.
James Tate also said Greene's death is an open homicide investigation.
"There are some things that we found that were questionable," he added.
Rogers called the tip line earlier this year after hearing a public plea by Bully-Cummings for anyone with knowledge about Greene's death to come forward, Yatooma said.
She left her name and received a confirmation number, but no one called her back, he said.
"She's the first person to put a fix on the party, Tammy Greene's presence at the party, and Carlita Kilpatrick's assault on Tamara Greene," Yatooma said. "It's becoming very plain that the party and assault on Tammy Greene is not an urban legend."
Council scrutinizes mayor's spending
Questions raised after many purchase orders were for just under $25,000, escaping board's oversight
Detroit News
March 12, 2008
DETROIT -- At least four members of the Detroit City Council on Tuesday questioned whether attorneys hired by the mayor's office were paid $24,950 to avoid the council's oversight, further raising questions about how the mayor's office spends money.
The council must approve all contracts of $25,000 or more. But the council does not have to approve spending below that amount. Councilwoman Sheila Cockrel said she is concerned Mayor Kwame Kilpatrick or someone else in the administration is setting these contracts just below the threshold so that they don't attract attention, such as the $24,950 retainer the city Law Department gave Morganroth & Morganroth to defend the city in the case filed by the family of slain stripper Tamara Greene. The family of Greene has said top officials interfered with Greene's murder investigation for political reasons.
Cockrel said at least three contracts for private-practice attorneys did not receive council approval because they were $50 under the amount required for council action.
"I haven't seen a scrap of paper," she said. "That is one of the issues we need to get clear on."
In one case, a Royal Oak attorney was hired to represent the city in a Freedom of Information Act lawsuit filed by The Detroit News, Detroit Free Press and the council for documents related to the $8.4 million settlement in a whistle-blower suit.
Mayor Kwame Kilpatrick has come under scrutiny in a text message scandal that raised questions about his testimony in the whistle-blower trial last summer. Two former Detroit police officers said they were fired for investigating Kilpatrick. Former Chief of Staff Christine Beatty and Kilpatrick testified under oath that they did not fire one of the officers and did not have an affair. Text messages between the two appear to contradict their testimony.
Landscaping cost $12K
A review of city purchase orders from 2006 and 2007 that do not require City Council oversight found tax dollars being used to pay a Grosse Pointe company for landscaping at the Manoogian Mansion, to send city Head Start workers to Ohio for a retreat at the nation's largest water park and to buy $20,000 in Halloween candy.
Other times, cash was used by Kilpatrick's office to rent a storefront in a barren strip mall on East Seven Mile from a company that was dissolved in 2002 and to hire consultants to help the mayor write his State of the City speech and budget address, as well as rent Orchestra Hall and pay for other expenses related to his annual address.
The trip last April to the water park, known as the Kalahari Resort, cost $21,900.
Deputy Mayor Anthony Adams, in a written statement, said all the contracts were above board.
"The items listed are administrative expenditures that are perfectly in line with standard city government practices," Adams said.
The News provided the mayor's office with a list of the purchase orders that had been given to the council Monday afternoon.
The mayor's deputy press secretary, James Canning, said there was not enough time to check the individual expenses.
Calls to Belenky Interiors & Garden Collectibles, where the mayor's office spent $11,750 last summer, weren't returned. The address of the company listed on city records is in Grosse Pointe.
Although some of the work identified in the purchase orders went to non-Detroit firms, like the lawn service, Adams noted that 94 percent of the contracts the Detroit Building Authority awards go to Detroit-based businesses, which in 2006 received $14 million in work.
Auditors raise questions
KPMG auditors, who reviewed the report on the city's finances that was submitted last month to the state, raised concerns about the way purchase orders are processed. From the fiscal year 2005-06, the firm found two purchase orders that were "exactly 1 cent" below the threshold of $25,000 required for City Council approval, and others were processed without receipts. Auditors said that was a "potential risk factor" and indicated someone may have tried to "circumvent" the council's approval.
On Tuesday, Council President Kenneth Cockrel Jr. said he is also concerned about contracts getting through that are just below the threshold.
"It looks like the only reason that was done was to avoid further scrutiny from council," Cockrel said. "I think it needs to be looked at."
Councilman Kwame Kenyatta supports lowering the threshold to $5,000 for council approval, a proposal that was tabled last year.
"Until we get past this current situation, we need to scrutinize any and all contracts that come from the administration," said his spokesperson Tene Kaduma.
Mayer Morganroth also began representing Beatty in late January as it relates to a criminal probe into possible perjury charges.
Cockrel said she did not see the contracts until stumbling upon them. It is a significant red flag that outside city auditors cited the concern in their appraisal, said Eric Lupher, director of local affairs for the Citizens Research Council of Michigan. The council's review is an important piece of checks and balances in city government, he said.
"We have some divisiveness," Lupher said. "This is just one more issue for the City Council to look at with a fine tooth comb."
In at least two cases, the mayor's staff tapped funds earmarked for the Detroit Department of Transportation, which has had to reduce routes and cut back hours due to fiscal constraints, to rent buses and hire drivers from a private company to ferry guests to events the mayor sponsored at Belle Isle.
DDOT paid $17,160 to ABC Student Transportation Inc. of Detroit to provide 52 buses and drivers "for round trip service from various locations in the city of Detroit's mayor's picnic scheduled for June 22, 2006."
On Sept 10, 2007, DDOT approved another purchase order to ABC Student Transportation Inc for $14,000 to provide 40 buses for the mayor's "Senior Friendship and Health Fair Cookout."
Head Start expenses unusual
One of the most unusual expenses was submitted by the Human Services Department. The $21,900 was approved on May 30, 2007, at Kalahari Resort in Sandusky, Ohio "to provide compensation for food and lodging accommodations for Head Start retreat."
Room prices at the resort, which bills itself as "America's Largest Indoor Waterpark," start at $319.
A call to Virginia B. Saleem, the head of the city's Head Start, which is administered with federal funds, did not return a phone call.
Canning could not explain the expense.
Head Start provides education assistance to children from families who live below the federal poverty level.
In 2005, federal regulators designated Detroit's Head Start program as deficient due to financial and management problems and gave the city until 2006 to implement a quality improvement plan.
The News also found that the city's Human Services Department, which administers Head Start, received purchase orders that ranged from $12,980 in September 2007 at the Roostertail in Detroit to an $11,800 bill at the Omni Detroit Hotel in 2006 for a "policy council annual awards banquet" to a $15,774 "catering services" bill from Aramark.
The mayor also spent $17,000 with Aramark, a company specializing in food service, for the 2007 Holiday Gala at Cobo Center for seniors in December and another $6,037 with Aramark for food and beverages for an unnamed conference
State of the City costly
The records also show that the mayor's invitation-only State of the City address Tuesday night inside Orchestra Hall is costly.
The mayor hires Berg Muirhead and Associates to prepare his address. He paid them $7,500 for last year's speech. His office fund rents Orchestra Hall. On Jan. 8, 2008, they paid the $5,000 deposit for this year's address. Tack on the $5,960 paid Jan. 30, 2008, to PSI Productions & Events Planning Inc of Southfield for "production/audio service" for the address as well as the price of printing the glossy booklets touting Kilpatrick's accomplishments handed invited guests after the speech. Last year the booklets cost $6,894, according to the records.
Denise Tolliver, the mayor's spokeswoman, said the mayor regularly meets with a variety of people to write the speech. She did not have an immediate comment on his hiring outside assistance.
By comparison Kilpatrick's predecessor, Dennis Archer, gave all but one of his State of the City addresses from the City Council Auditorium on the 13th floor of City Hall. His final address in 2001 was given from a newly renovated recreation center. He never hired consultants to help draft the speech nor did he print up reports of the city's accomplishments, records show.
Last year the mayor also paid Berg Muirhead -- whose partner Bob Berg had worked as Kilpatrick's interim press secretary -- $5,000 to prepare his 2007 budget message.
The mayor's office and the city, which has its own media and public relations staff, has repeatedly funneled work that doesn't require council approval to one of Kilpatrick's former appointees, Shannon McCarthy, who had been his director of communications and creative services.
She has received three contracts totaling $33,950 for "Special Communication Service," "printing Services for Annual Reports" and "brochure design."
McCarthy is engaged to marry the son of Bob Berg of Berg Muirhead.
City spending
A review of city purchase orders from 2006 and 2007 found:
- The Detroit Department of Transportation paid $17,160 to ABC Student Transportation Inc. of Detroit to provide 52 buses and drivers "for round trip service from various locations in the city of Detroit's mayor's picnic scheduled for June 22, 2006."
- The mayor spent $17,000 with Aramark, a company specializing in food service, for the 2007 Holiday Gala at Cobo Center for seniors in December
- On May 30, 2007, $21,900 was approved for Kalahari Resort in Sandusky, Ohio "to provide compensation for food and lodging accommodations for Head Start retreat."
Light for the darkness
Detroit News
March 12, 2008
Detroit Mayor Kwame Kilpatrick had the opportunity to bring light to the darkness, but failed to do so on the night of his State of the City message. There are more questions than answers, which have the good people of this city walking in the darkness. No one knows what to expect next.
The mayor needed to have said to all of those that love and support him that no matter what you are reading in the newspapers, things he said in the past about a wild party at the Manoogian Mansion still stand. He could have said that he will do everything to bring an end to the questions around the murder of Tamara Greene.
To let the world know where he stands and what he is doing to bring this dark night to an end is what the public needs. That is what I mean by shining light in dark places.
Say where you are and where you are going Mr. Mayor. It only adds to the darkness to talk about death threats and name-calling. Making statements that sell more newspapers only brings more darkness.
Thanks for the initiatives on police and improvements to the public schools. We need all of that.
I have been positive and supportive from the day the first story broke about a wild party and my hope is we can get this out of the way and move on. We need you, as the mayor, to stand strong, but be open so that there will be less questions and more answers.
The City Council should have been there in full numbers and no one should have been protesting at the speech. We are all in this together and we cannot make the mayor look bad without making the city look bad. Let the process in place be the guiding light; the greatest thing we have in this country is the election process and people must remain confident in the process.
Bring light to the darkness.
Cop claims he was told to 'keep my mouth shut' about Manoogian party
Detroit News
March 12, 2008
DETROIT -- One of Mayor Kwame Kilpatrick's former bodyguards claimed Wednesday he knew a bartender who arranged for strippers at an alleged wild but unsubstantiated party at the Manoogian Mansion.
Tony Davis, a member of the Police Department's gaming division and Kilpatrick's bodyguard from 2000-03, wrote a letter Monday to Police Chief Ella Bully-Cummings, the police union and the Mayor's Office suggesting he has been intimidated, abused by supervisors and reassigned from the mayor's protection unit. If true, the 23-year veteran's claims could undercut denials from the mayor and others that the party ever happened.
"During my (Executive Protection Unit) assignment, I was subjected to intimidation and abuse by my supervisors. I was ordered by my supervisors to keep my mouth shut and to say that there never was any party," Davis wrote in the letter obtained by The Detroit News' reporting partner, WXYZ-TV Channel 7.
"The chief hasn't received a letter," said Detroit Police spokesman James Tate about Davis' allegations.
City spokesman James Canning declined to comment.
Davis' accusations surfaced days after a retired Police Department clerk said in a federal court filing that an exotic dancer whose murder remains unsolved filed a police report in 2002, wanting to press charges against the mayor's wife for allegedly beating the stripper during the party. The dancer, Tamara Greene, was murdered April 30, 2003, and her family has said top city officials interfered with the investigation for political reasons.
Davis said a former supervisor confronted him three weeks ago.
"If this abuse and retaliation does not stop immediately, I will have no alternative other than to take legal action," Davis wrote.
Attorney Mike Stefani said he talked with Davis during his preparation for last year's whistle-blower trial of Deputy Police Chief Gary Brown and former bodyguard Harold Nelthrope and felt that his story could not be proven. Davis had wanted Stefani to represent him in a case against the department and Stefani declined.
"I wasn't able to establish credibility," Stefani said.
Davis told Stefani that he knew a bartender who arranged for strippers at the Manoogian Mansion. Stefani met and interviewed the bartender and concluded the story was "too convenient."
Davis did not return calls Wednesday.
The Royal Oak attorney was contacted Tuesday by a union attorney who wanted Stefani to interview Davis.
Brown, who along with Nelthrope and another former officer received $8.4 million following the whistle-blower trial, also questioned Davis' credibility and why he would wait so long to share his story publicly.
"It's coming up because we won $9 million," he said. "Everybody's trying to jump on the bandwagon."
Nelthrope questioned the timing but said Davis might want to document the threats.
"He probably did this to put it on the record in case something happens to him," Nelthrope said.
Tamara Greene Son Speaks on Kwame Kilpatrick (interview)
Channel 7 News - Detroit
Mar 13, 2008
Ex-cop talks of alleged mansion party
He says he knew about bartender who arranged for strippers to perform
Detroit News
March 13, 2008
DETROIT -- One of Mayor Kwame Kilpatrick's former bodyguards claimed Wednesday he knew a bartender who arranged for strippers at an alleged wild but unsubstantiated party at the Manoogian Mansion.
Tony Davis, a member of the Police Department's gaming division and Kilpatrick's bodyguard from 2000-03, wrote a letter Monday to Police Chief Ella Bully-Cummings, the police union and the mayor's office suggesting he has been intimidated, abused by supervisors, and reassigned from the mayor's protection unit. If true, the 23-year veteran's claims could undercut denials from the mayor and others that the party ever happened.
"During my (Executive Protection Unit) assignment, I was subjected to intimidation and abuse by my supervisors. I was ordered by my supervisors to keep my mouth shut and to say that there never was any party," Davis wrote in the letter obtained by The Detroit News' reporting partner WXYZ-TV (Channel 7).
"The chief hasn't received a letter," said Detroit Police spokesman James Tate about Davis' allegations. City spokesman James Canning declined to comment.
Davis' accusations came days after retired Police Department clerk Joyce Rogers said in a federal court filing that an exotic dancer, whose murder is unsolved, filed a police report in 2002, wanting to press charges against the mayor's wife for allegedly beating the stripper during the party. The dancer, Tamara Greene, was killed April 30, 2003, and her family has said top city officials interfered with the investigation for political reasons.
Davis said a former supervisor confronted him three weeks ago.
"If this abuse and retaliation does not stop immediately, I will have no alternative other than to take legal action," Davis wrote.
Attorney Mike Stefani said he talked with Davis in preparation for last year's whistle-blower trial of Deputy Police Chief Gary Brown and ex-bodyguard Harold Nelthrope and felt his story could not be proven. Davis wanted Stefani to represent him in a case against the department. Stefani declined.
Davis told Stefani he knew a bartender who arranged for strippers at the Manoogian. Stefani interviewed the bartender and found the story was "too convenient."
Davis did not return calls Wednesday.
Stefani also said he interviewed Rogers in the past and did not find her credible.
The Royal Oak attorney was contacted Tuesday by a union attorney who wanted Stefani to interview Davis.
Brown, who along with Nelthrope and another former officer received $8.4 million following the whistle-blower trial, also questioned Davis' credibility and why he would wait so long to share his story publicly.
"It's coming up because we won $9 million," he said. "Everybody's trying to jump on the bandwagon."
Nelthrope questioned the timing but said Davis might want to document the threats.
"He probably did this to put it on the record in case something happens to him," Nelthrope said.
Norman Yatooma, the attorney representing Greene's family, said Davis' letter corroborates the clerk's affidavit and that he will push to have Davis deposed for the lawsuit the family has filed.
Correction: Detroit Police Officer Tony Davis worked in the city's Executive Protection Unit from 2000-03 and served as Mayor Kwame Kilpatrick's bodyguard following the 2001 election. The years Davis served as Kilpatrick's bodyguard were incorrect in an article that appeared Thursday on Page 6A.
Cox will look into clerk's claims about Manoogian party
Detroit News
March 13, 2008
Attorney General Mike Cox intends to have criminal investigators talk with a retired Detroit police department clerk about her claims that she saw a police report about the long-rumored party at the Manoogian Mansion.
Rusty Hills, a spokesman for Cox, said this afternoon that the decision to interview Joyce Rogers does not indicate the attorney general is reopening the investigation into the party. In 2003, after dozens of witnesses were interviewed, including Mayor Kwame Kilpatrick, Cox concluded the party was "urban legend."
"She's got to tell us who filed that report (and) who that report went to," Hills said.
Joyce Rogers, 65, of Troy has said she saw a report in which a now-dead stripper claimed that she was beaten by Mayor Kwame Kilpatrick's wife after she was caught touching the mayor at a party. The city has claimed such a party never existed.
A Birmingham attorney representing the son of Tamara Greene, the slain stripper, filed Rogers' affidavit on Monday. Norman Yatooma claims that the city hindered murder investigation for political reasons.
Cox on Wednesday became the highest ranking politician to call on Kilpatrick to resign, saying "he's not fit to be mayor anymore."
Rogers and police officer Tony Davis have both come forward with information recently about the party. Davis, who works in the department's gaming division, said he knew a bartender that arranged for strippers at the party.
Hills said the attorney general's investigators talked with Davis in 2003. "His story now is substantially different from what he told us then," Hills said.
Mike Stefani, the attorney who successfully represented two former officers who won a related whistle-blower lawsuit against the city, said Wednesday that he talked with both Rogers and Davis years ago and did not feel their stories could be corroborated.
Hills said investigators would schedule an interview with Rogers soon. He declined to say what would happen next or whether a full-blown investigation could ensue.
"We'll go where the evidence leads us," he said. "But first we have to have some evidence."
Caption: Attorney General Mike Cox concluded the alleged Manoogian Mansion party was an "urban legend" in 2003.
Kilpatrick's show should hit the road permanently
Oakland Press
March 13, 2008
Detroit Mayor Kwame Kilpatrick on Tuesday night did what he seems to do best - he perverted the truth and made what should have been an upbeat speech about all of the good things happening in the city into a "poor me" pity party.
Kilpatrick turned Tuesday night's State of the City address into a showboating circus.
He took the classic action of lashing out at the messenger instead of admitting his own, numerous shortcomings.
The mayor accused opponents and the news media of showing a "lynch mob mentality" in the aftermath of the scandal over his exchange of sexually explicit text messages with a former top aide.
Note, he didn't deny the messages or the presumably torrid affair that he had with his former chief of staff, Christine Beatty. He just tried to deflect angst from himself to the media.
But there's much more than just immoral activity going on here.
Wayne County Prosecutor Kym Worthy is expected this week to decide if she will pursue perjury charges against Kilpatrick and Beatty. The text messages contradict both Kilpatrick's and Beatty's testimony under oath that they were not having an affair.
The alleged perjury occurred during a trial in a lawsuit filed by two former Detroit police officers who said they were fired or forced to resign for investigating claims that Kilpatrick used his security unit to cover up extramarital affairs. That lawsuit cost taxpayers $8.4 million.
Perjury is a criminal offense, and we hope Worthy pursues this to the fullest extent of the law.
But Kilpatrick's dubious actions don't end here. There are mounting questions about the infamous party at the mayor's mansion and the death of Tamara Greene, who reportedly was a dancer at that party.
Also, there are other questionable actions by Kilpatrick that haven't quite surfaced yet but we're sure are working their way into public view.
However, the text-messaging controversy already has cost Detroit. The National Conference of Black Mayors has chosen another site for its convention in April.
Kilpatrick's arrogance and refusal to take responsibility for his immoral and possibly criminal actions will eventually be his downfall.
Unfortunately, he's pulling Detroit - and peripherally, the whole metro area - down with him.
If he cared at all about Detroit, he'd resign. But it doesn't appear that he cares about anyone but himself.
What's sad is there are people in Detroit who still think he's a wonderful mayor. Those residents have our sympathy, but the citizens we most empathize with are those who know Kilpatrick is destroying the city but currently have to live with him.
There is an out for this latter group. We've continually said that recalls are a waste of time and money - usually.
But there are exceptions, and Kilpatrick is probably the biggest exception the metro area has seen in the past couple of decades.
He's a horrible example of a mayor, and he's damaging not only the fragile reputation of Detroit but also that of the metropolitan area.
He should resign. But since he refuses to do so at this point, recall appears to be the best option, unless the criminal justice system eventually comes through for the citizens.
One way or another, Detroit needs to rid itself of Kilpatrick - and the sooner the better.
Who killed Tamara Greene?
Detroit News
March 14, 2008
Evidence suggests the stripper may have been slain by an angry drug dealer, was not victim of a cover-up
DETROIT - Her real name was Tamara Greene, an arresting, thick-bodied stripper known as Strawberry. By now her death is the stuff of Detroit legend, a whodunit of sex and politics and power.
The most incredible plot is a simple one: She is said to have danced at a party at the mayor's mansion and was executed because she knew too much.
The party, of course, has never been proven, and the facts about Greene, as told by investigators, friends and family members, reveal something far less sinister. A portrait emerges of a woman who ran with bad men and died with two black eyes.
Greene, 27, was Detroit murder victim No. 113 in 2003. There were 366 homicides in the city that year, just half of those resolved. At first, her death was considered an ordinary blue-collar murder -- a drive-by job -- in a city with too many of them. She died in a hail of bullets, slumped over her steering wheel, her eyeglasses broken, the car still in drive, creeping down the street.
Her murder case went cold; a suspect was never publicly identified.
Then the mayor's spectacular political troubles began, and Greene became the mystery woman whose noir life took on mythological proportions. It begins with a former homicide investigator who says he is convinced that the disgraced mayor and his cronies in the Police Department are crooks and killers.
The case of her death was resurrected earlier this month, when that investigator, former Detroit Police Lt. Alvin Bowman, claimed that police brass squelched his inquiry into the supposed party at the Manoogian Mansion in late fall 2002 and Greene's murder in April 2003 because he got too close to making a connection. The Detroit Police Department has reopened the case as has the Wayne County prosecutor.
"I suspect that the shooter was a law enforcement officer, and more specifically, a Detroit Police Department officer," Bowman said in an affidavit. Reached by telephone, he elaborated: "She wanted money to stay quiet and they wouldn't give it to her."
And yet no evidence from the early morning crime scene suggests that any police officers were involved. According to police reports, the medical examiner's findings and investigators, it is most likely that Greene was done in by Detroit's wild streets.
In early April, two weeks before her murder, Greene had danced for a corroborated party of men. That party was held at the Residence Inn in Southfield, a run-down motor lodge modeled after a Swiss chalet. The party was attended by known drug dealers, hooligans and other all-stars of city life, authorities say.
Greene got into an altercation with a small man -- 5 1/2 feet tall -- with a big ego and a record for trafficking cocaine. He wanted sex. She refused. He punched her once in the eye, then punched her once in the other eye.
That's when Greene's boyfriend, Eric "Big E" Mitchell, stepped in, according to statements both Mitchell and a stripper named Taquela Anjema Bates gave police. The two men had an altercation, the bigger man winning. The Southfield police responded to the fight, but by then, the principals had left.
Nevertheless, the glove had been thrown. Disrespect had been committed.
The addresses and phone numbers for Mitchell and Bates have gone stale. Mitchell recently re-emerged in Romulus, where he was arrested on felony drug charges. The Residence Inn is under new management and has a new name. A lot changes in six years.
Greene led a 'wild life'
Tamara Greene grew up on Detroit's east side, graduating from Martin Luther King Jr. Senior High School in 1994. She had her first child, Jonathan Bond, when she was 17 years old. She gave birth to her second child, Ashly, when she was 19 and her third, India, when she was 26.
The first two children live with their fathers and the youngest with Greene's brother.
A $150 million federal lawsuit has been filed on Jonathan's behalf, charging primarily that police executives sank the investigation, preventing her murderer from being caught, though not claiming a City Hall role in her death. Taris Jackson, the father of her second child, has followed with a claim on Greene's estate should any money be forthcoming from the oldest child's suit.
It is unclear when Greene took to the street life, began stripping or working as an escort. Her price, according to confidant and lawyer Dennis Mitchenor, was $500 "just to look" and hundreds more "to touch," he said. Voluptuous and regal, Greene would quickly become a superstar in the sex-charged world of politics, business and the streets.
"God gave her that body and she knew how to use it," Mitchenor said.
"If there was a high rollers' party, she was definitely the girl to be there. It was a wild life, though. She changed (cell) numbers like a drug dealer."
Greene had a taste for dangerous men, according to those who knew her. She ran under the aliases Veronica, Linda and Laurie, and of course her professional name Strawberry. She served as a front for check-kiters, drug kingpins and the like. She drove a $70,000 BMW leased under her grandmother's name and freely lent it to her coterie of suspicious men, thus allowing them to drive around unmolested by police.
"I didn't know the full extent of what she was doing, but she didn't deserve this," said her grandmother, Bertha Powell, of Columbus, Ohio. "Tammy was not a bad person. She told me she got beat up at a party. I told her to come home and let her face heal. Of course she didn't come."
Boyfriend was shot, too
A week after the party with the 5 1/2 -foot drug dealer, the BMW was shot up, a car Greene had loaned to her paramour, Mitchell. No one was in the car that time. Powell would eventually assume payments of the car and sell it at a substantial loss.
Constantly in need of money, Greene accepted a dancing engagement the week she was beaten.
"You can't dance tonight, you've got black eyes," Mitchenor remembered telling her. "She said she had to do what she had to do. She did the party in sunglasses. It was something of an occupational hazard."
In the early morning of April 30, Greene and Mitchell left the All-Star club on Eight Mile where she worked as a stripper. It was 3:40 a.m. The couple idled outside his home on Roselawn near West Outer Drive in the Bagley section of Detroit. A large white SUV turned the corner, a hand holding a pistol out the window.
Mitchell saw the man
"Light-skinned," he described the shooter to police that morning, like the short man he had the fight with a few weeks before. Mitchell, 6 feet tall and 265 pounds, ducked for cover into the foot-well of the Buick Skylark. He said nothing to Greene. She was struck three times, according to the medical examiner's report: once behind the left ear, once through the jaw, and once through the left arm and chest. Mitchell was struck by five bullets, including once in the neck, according to official reports.
Mitchell staggered around the street, knocked on a neighbor's door (the neighbor threatened to shoot him), then made a call to a friend. The hit man never returned to finish him off. Hardly the mark of a professional.
Ex-cop stands by his words
Still, Bowman, the former Detroit police lieutenant, insisted it was a professional police job. He pointed to the fact that .40-caliber ammunition was used.
"I stand by what I said. Police-issued Glocks use .40-caliber ammunition," he said in a rambling telephone interview.
Glock does, in fact, manufacture handguns that fire .40-caliber ammunition, but so does Smith and Wesson and a slew of other gun manufacturers. Bowman said he did not remember if ballistic tests have been made on the casings to determine the specific brand of gun. In fact, they have not.
Greene was struck 18 times from a moving vehicle, Bowman said. Yet the medical examiner's report shows she was struck just three times and just 12 bullets casings were found at the scene, according to the police report that morning.
With all the discrepancies, is it not possible that he could be wrong? Bowman was asked. It is his theory, after all, that the street corners and the corridors of power intersected Tamara Greene's doorstep. It is his theory that has launched a thousand barstool conspiracies.
There was a prolonged silence. Then Bowman offered this: "To be perfectly honest, it's like an octopus's tentacles that spread all over. Once you see it, once you connect the dots, it's obvious."
Correction: Taris Jackson, the father of deceased dancer Tamara Greene's second child, has established an estate that would collect judgments from any lawsuits on behalf of all of Greene's children. A story on 1A Friday incorrectly described his actions regarding the estate.
Court to look over more text messages
SkyTel records of mayor, 33 Detroit officials to be reviewed in Greene case
Detroit News
March 15, 2008
DETROIT --A federal judge Friday said the court will review an even bigger trove of text messages that could prove damaging to the city and Mayor Kwame Kilpatrick and shed light on the unsolved killing of stripper Tamara Greene five years ago.
U.S. District Judge Gerald E. Rosen told attorneys handling the case that he will issue an order in the next couple of weeks detailing how he will handle text messages from the mayor and other city officials and other requested evidence. The materials will first be reviewed by federal magistrates before being turned over to the attorneys for the son of Greene, 27, who was gunned down in 2003.
"I'm tremendously pleased with the decision to allow discovery to proceed," said Norman Yatooma, who is representing Greene's 14-year-old son.
The court fight is the second time in recent months that text messages have played a central role. Text messages between the mayor and former Chief of Staff Christine Beatty obtained by the Detroit Free Press in January revealed conflicts with their sworn testimony from last year's whistle-blower trial that they did not have an affair or discuss the firing of Deputy Chief Gary Brown. The settlement with Brown and two other former police officers totaled $8.4 million.
Rosen is expected to order the city to produce a list of everyone who had a SkyTel pager during the time period in which Yatooma requested messages --Aug. 1, 2002, to Oct. 31, 2007, Yatooma said.
The judge said Yatooma needs to narrow the time frame and shorten the list, which includes Kilpatrick, Beatty, Detroit Police Chief Ella Bully-Cummings and more than two dozen other current or former city officials.
The messages will be produced and reviewed by two federal magistrates who will decide which messages may be relevant. At that point, the information will be shared with the city's attorneys, who can object to any release.
Then the court will decide which messages, if any, will be released to Yatooma.
"We are comfortable with the ruling," said lawyer Jeffrey Morganroth, who is representing the mayor, Beatty and other city officials. He called the judge's decision "reasonable and appropriate."
Rosen also asked the lawyers involved to tone down their remarks to the press, Yatooma said.
The father of Greene's 14-year-old son sued the mayor and other city and police officials in 2005, alleging the investigation of Greene's April 30, 2003, murder was hampered and interfered with for political reasons.
Last week, Rosen ordered the city and SkyTel to preserve all text messages sent and received on the SkyTel pagers of Kilpatrick and 33 other current or former city officials for selected periods between fall 2002 and fall 2007.
SkyTel has indicated a willingness to comply with the court's orders, and Rosen said he presumes SkyTel will comply voluntarily.
Greene's name has been linked to a long rumored party at the mayor's Manoogian Mansion in the fall of 2002.
At least two former Detroit police officers who filed the whistle-blower lawsuits against the city claimed that their investigation into the alleged party and/or Greene's murder were among the reasons for retaliation against them.
Magistrates will review Kilpatrick's text messages
Grand Rapids Press
March 15, 2008
DETROIT -- A federal judge said he will appoint two magistrates to review text messages from Detroit Mayor Kwame Kilpatrick, police chief Ella Bully-Cummings and other city employees.
U.S. District Judge Gerald Rosen's order came Friday. It followed a conference with a lawyer representing Kilpatrick and the city and an attorney for the 14-year-old son of stripper Tamara Greene.
Greene, 27, was shot to death outside her home in 2003. She is rumored to have danced at a 2002 party at the Manoogian Mansion, the mayor's official residence.
Attorney Norman Yatooma claims in a $150 million civil lawsuit that Greene's death was not properly investigated.
Story of party with strippers surfaces
Repository, The (Canton, OH)
March 15, 2008
The state attorney general said his office will look into new claims that Detroit Mayor Kwame Kilpatrick threw a party with strippers at the mayor's mansion in 2002.
Attorney General Mike Cox told reporters Thursday he wants to meet with retired Detroit police desk clerk Joyce Rogers. The woman recently came forward and said she read a report filed by stripper Tamara Greene claiming she was assaulted by Kilpatrick's wife during a party at the mansion.
Rumors of a party involving strippers at the mayor's official residence have never been substantiated.
Greene on crime Web site
Crime Stoppers adds the murder of the Detroit stripper to its site with a $1,000 reward for tips
Detroit News
March 17, 2008
DETROIT -- For weeks, police have called on the public to help solve the 2003 murder of Tamara Greene, a onetime stripper whose death has become a politically charged mystery.
But until Friday, the Web site for Crime Stoppers made no mention of Greene. Dozens of other victims from Detroit to New Baltimore are profiled on the site, which allows visitors to submit tips that make them eligible for rewards of from $1,000 to $200,000.
"I think it's a good idea," said John Broad, the president of Crime Stoppers of Southeast Michigan, an independent nonprofit that accepts the anonymous tips and passes them along to area police departments.
Hours after The Detroit News contacted Broad, he called back to say Greene had been added to the site.
Indeed, details of her death -- gunned down about 3:40 a.m. April 30, 2003, on Roselawn near Outer Drive -- now are posted, along with a picture of Greene. The reward: $1,000, the minimum amount.
Detroit Police Chief Ella Bully-Cummings made an impassioned plea in February for any information on Greene's death, which Norman Yatooma, an attorney for her family, has claimed was not properly investigated for political reasons. It's been rumored that Greene danced at a party at the Manoogian Mansion and got into an altercation with Mayor Kwame Kilpatrick's wife.
No evidence has been produced to prove that claim, however.
Yatooma said he was "disappointed but not surprised" that Greene wasn't listed on Crime Stoppers until The News inquired.
On a site listing more than a hundred crimes, Greene is listed in the middle, between Detroit murder victims Kenneth Cole (Nov. 12, 2007; $5,000 reward) and Desmond Rondale Brumfield (Nov. 2, 2006; $1,000 reward).
Some crimes get larger rewards than others and Broad said the larger ones are provided by family and friends of the victims. The current largest is for tips to solve the 2006 murder of Ronald and Christine Jabalee of New Baltimore. Once $80,000, the reward jumped to $200,000 this year.
Meanwhile, a judge on Friday denied the city's motion to dismiss Yatooma's lawsuit, which seeks $150 million for Greene's family. However, the judge left the door open to rehear the city's argument.
Review of text messages in stripper case could open up more probes, expert says
Detroit News
March 18, 2008
A federal review of a trove of text messages from Mayor Kwame Kilpatrick and other city officials in a lawsuit resulting from the death of stripper Tamara Greene could potentially launch more investigations if any wrongdoing is uncovered, one law expert said.
On Friday, U.S. District Judge Gerald E. Rosen said federal magistrates will review more text messages and other requested evidence. Those materials are expected to be turned over to attorneys representing the son of Greene, 27, who was shot to death in 2003.
Rosen also is expected to order the city to produce a list of everyone who had a SkyTel pager during the time period in which attorney Norman Yatooma requested messages -- Aug. 1, 2002, to Oct. 31, 2007. Rosen ordered the city and SkyTel to preserve all text messages sent and received on the SkyTel pagers of Kilpatrick and 33 other current or former city officials.
Greene's name has been linked to a long rumored party at the mayor's Manoogian Mansion in the fall of 2002. At least two former Detroit police officers who filed the whistle-blower lawsuits against the city claimed their investigation into the alleged party and/or Greene's murder were among the reasons for retaliation against them.
"With the large volume of text messages that are going to be examined by the magistrates," said Larry Dubin, a professor at the University of Detroit Mercy School of Law, "it is possible that if they came across information that involved the possible existence of other crimes having occurred, that information could be made known to federal authorities."
Dubin said additional investigations could possibly be launched based on review of other messages.
"An examination of further text messages may provide evidence of whether or not additional crimes might have occurred," Dubin said.
Dancer's pastor says she felt threatened
Tamara Greene told man she called Dad that someone was 'out to get her' in 2002 meeting
Detroit News
March 20, 2008
DETROIT -- Former exotic dancer Tamara Greene confided in her pastor that she feared for her life some six months before her shooting death, he said Wednesday.
Pastor Ken Hampton of Detroit's Grace Bible Chapel said he told investigators in an affidavit given last week as part of a federal lawsuit filed by Greene's family against Mayor Kwame Kilpatrick, the city of Detroit and other city officials, that Greene feared someone was "out to get" her.
"She said she really felt threatened," said Hampton, whom Greene affectionately called "Dad." "I just didn't know what was going on."
Hampton said the meeting at a local bookstore occurred sometime in fall 2002 -- shortly after an alleged wild but unsubstantiated party at the Manoogian Mansion at which Greene is said to have danced.
In the affidavit, Hampton said he advised Greene to stay with relatives in Ohio. "I said, 'I would rather never see you again than see you in a casket.'"
Hampton never saw her alive again.
Greene, 27, was gunned down early on April 30, 2003, as she and her boyfriend sat outside a home on Roselawn at Outer Drive.
The affidavit was not filed because a federal judge last week denied the city's motion to dismiss the lawsuit, said attorney Norman Yatooma, who is representing Greene's family.
But he said the information presented still is "very significant" and disputes a theory that her death could have stemmed from a fight at a local motor lodge two weeks earlier.
"It demonstrates that she was in fact a target and that her life had been threatened long before," Yatooma said Wednesday.
At least two former Detroit police officers -- Deputy Chief Gary Brown and ex-bodyguard Harold Nelthrope -- who filed the whistle-blower lawsuits against the city claimed they were retaliated for their investigation into the alleged mansion party and Greene's murder.
As part of the settlement, they and a third officer were awarded $8.4 million.
Hampton's statements follow other recent claims about Greene. Joyce Rogers, 65, of Troy, a retired Detroit Police Department clerk, has said in a federal court filing she saw a report in 2002 in which the stripper claimed she was beaten by Kilpatrick's wife after she was caught touching the mayor at the rumored party.
Officer Tony Davis, who worked in the city's Executive Protection Unit from 2000-03 and served as Mayor Kwame Kilpatrick's bodyguard following the 2001 election, said in letters to Police Chief Ella Bully-Cummings, the police union and the mayor's office that he knew a bartender who arranged for strippers at the alleged party.
And in an affidavit, former Detroit Police Lt. Alvin Bowman said he believed a member of the city police department killed Greene.
Attorney Mike Stefani said he talked with Davis in preparation for the whistle-blower trial and felt his story could not be proven. Stefani also said he interviewed Rogers in the past and did not find her credible.
Voice of the People
Mayor is creating big problems for Detroit
Jackson Citizen Patriot (MI)
March 20, 2008
JACKSON - Some pundits predict the mayor of Detroit may go down as the "black Nixon" for his alleged political crimes. I think it might be time for Kwame Kilpatrick to hit I-75 south and go live in his Florida home.
Some of his own police officers have described the mayor as carrying on like the Sopranos or the Purple Gang. A former Detroit police clerk signed an affidavit saying she saw a police complaint from Tamara Greene saying she was hit by the mayor's wife after giving Kwame a lap dance. A couple of months later, Greene is assassinated by a Glock pistol. And now a current police officer wrote a memo collaborating the clerk's affidavit.
Detroit has ranked in the top-five most-dangerous and violent places to live. Compare any month of Detroit's murders with the rate of killings of U.S. soldiers in some of our hot spots for the same time. The problem is that evidence slowly is dripping out that the mayor might be contributing to the crime statistics, and the police may be covering it up for him.
The Michigan attorney general is requesting the mayor step down, which is appropriate. However, if Mike Cox would have flushed out the information that's now dripping out we would have been spared this grief. It seems only the national media can put on the needed pressure. The media is now focusing on the New York governor's scandal, which doesn't have anything on what's happening in Detroit.
In my opinion it could be better than some fictional, political crime movies. Remember "Murder at 1600" and "Absolute Power"? It's up to Detroit to clean up its mess and send Kwame packing to Florida.
Judge appoints magistrates to review text messages in Tamara Greene case
Detroit News
March 22, 2008
DETROIT -- A federal judge has selected two magistrates who will review a trove of text messages sought by lawyers representing the son of slain exotic dancer Tamara Greene, according to court records released Friday.
U.S. District Judge Gerald E. Rosen set up a series of rules temporarily shielding text messages sent from Mayor Kwame Kilpatrick and other city officials and employees in a detailed court order. The rules are intended to keep the text messages confidential until they can be reviewed and it can be determined which, if any, will be given to Greene's lawyer, Norman Yatooma.
Rosen also issued an opinion denying the city's attempts to quash subpoenas served on SkyTel, the city's text-messaging service.
The order was released one week after Rosen said Yatooma can pursue text messages that could prove damaging to Kilpatrick and the city. Yatooma has requested messages sent or received by Kilpatrick and 33 city officials and employees between September 1, 2002, and Oct. 31, 2007. But, the order also said Yatooma needs to narrow the time frame and shorten the list of officials who had SkyTel pagers, a list that currently includes Kilpatrick, former Chief of Staff Christine Beatty, Detroit Police Chief Ella Bully-Cummings and more than two dozen other current or former city officials.
Last week, the judge said he would allow Skytel to produce text messages sent by any city official or employee between 1:30 a.m. and 5:30 a.m. on April 30, 2003, the day exotic dancer Tamara Greene was killed.
Text messages between the mayor and Beatty obtained by the Detroit Free Press in January revealed conflicts with their sworn testimony from last year's police whistle-blower trial that they did not have an affair or discuss the firing of Deputy Chief Gary Brown. The settlement with Brown and two other former police officers totaled $8.4 million.
Rosen identified the two magistrates who will review the text messages once they are produced by SkyTel. They are Magistrate Judge R. Steven Whalen and Magistrate Judge Michael J. Hluchaniuk.
They will review the messages and determine whether each message is eligible for discovery.
The judge ordered Yatooma to produce by March 28 identification, or "PIN" numbers for text messaging devices of each official or city employee between August 2002 and September 2007, along with names of individual officials or employees. Yatooma also must specify time periods that each employee or official was assigned the "PIN" numbers.
Once the PIN numbers are produced, lawyers for the city and Greene's son will meet with the judges and file any objections to the review.
If Yatooma has not sufficiently shortened the list of officials, the judges can narrow it for him and both sides can file objections.
Each magistrate will get his own sealed copy of the text messages, which will be sent directly to Rosen's chambers, where they will be forwarded, under seal, to the magistrates.
Rosen also wants SkyTel to provide the text messages on a compact disc, rather than in a hard copy form.
City lawyer may face contempt charge
Johnson, deputy HR director must tell why they haven't helped in criminal probe of mayor
Detroit News
March 22, 2008
DETROIT -- The city's top lawyer and its deputy director of human resources have been ordered to appear in court Monday to say why they should not be held in contempt for apparently failing to cooperate with Wayne County Prosecutor Kym Worthy's investigation of Mayor Kwame Kilpatrick and his former chief of staff.
Wayne County Circuit Judge Timothy M. Kenny signed the order Friday directing Corporation Counsel John Johnson and Patricia Peoples to appear in his courtroom at 9 a.m.
The order capped a day in which the mayor huddled with top advisers and suffered another blow in his -- and the city's -- attempt to prevent the public release of the text messages that prompted Worthy's investigation. In a morning court hearing, a judge rejected Kilpatrick's argument that text messages between him and his former chief of staff, Christine Beatty, should be private.
Worthy is investigating whether Kilpatrick and Beatty committed perjury during a trial in August regarding a claim by two police officers that they were demoted or fired for their involvement in a probe of alleged misconduct in the mayor's executive protection unit.
The whistle-blowers, including a third officer, received an $8.4 million settlement from the city.
Worthy has said she will announce at 11 a.m. Monday whether Kilpatrick, Beatty or any others will face criminal charges resulting from the scandal.
The order that requested Johnson and Peoples, a cousin of the mayor's mother, to appear in court was taped to the human resources department door on the third floor of the Coleman A. Young Municipal Center on Friday. It does not detail what prompted the court order, but says it is regarding "possible perjury of Kwame Kilpatrick and Christine Beatty." Although it had long been speculated by the media and legal analysts, it marks the first public confirmation from Worthy's office that it is exploring perjury charges.
Lawyer James W. Burdick was hired to represent the city to acquire, organize and deliver documents sought by Worthy's investigators. He said he has produced thousands of documents and has not received any court order directing Johnson or Peoples to do anything.
"I would know if there was an investigative subpoena or any other kind of subpoena saying 'John Johnson do this.' I would know. That's why I was hired. It would have come to me."
Burdick said Peoples' name hadn't surfaced during the investigation until Wednesday.
"I can't tell you (why). It's part of a sealed record," he said. "I gave that information to the prosecution. It's not because of something they discovered."
Worthy spokeswoman Maria Miller declined to talk about the order. Calls to Johnson and Peoples, who in 2003 was paid $120,000 a year to help recruit and select mayoral appointees, weren't returned.
Earlier Friday, Kilpatrick attended a meeting with about 80 department directors and deputy directors at Cobo Center to discuss what an aide said were routine questions related to city business.
Mayoral spokesman James Canning said the meetings are regularly scheduled at facilities that can accommodate such a large crowd.
Some messages to be released
Friday morning, Wayne County Judge Robert Colombo Jr. said he intends to release select text messages from Beatty from 2002 and 2003, after reviewing their content. He said he will release only messages related to a romantic relationship between Kilpatrick and Beatty and messages about the firing of ex-Deputy Police Chief Gary Brown, one of three former cops who filed the whistle-blower lawsuits.
Colombo made the rulings in the Freedom of Information Act case against the city by The Detroit News and Detroit Free Press aimed at releasing details of the secret deal between Kilpatrick and the officers that sought to shield text messages from public disclosure.
"This is performing an official function, in my opinion, and therefore would have to be disclosed," Colombo said in explaining why he considers the text messages public.
The text messages from 2002 and 2003 contradict sworn testimony given by Kilpatrick and Beatty at the whistle-blower trial last summer, when both said they did not have an affair or discuss Brown's firing.
Colombo gives orders
Colombo could soon release more recent text messages as well. The newspapers also are trying to get Kilpatrick's text messages from Aug. 1, 2007, through Jan. 28, 2008, that have anything to do with the whistle-blower lawsuit. Colombo on Friday agreed to take testimony from two city employees to determine what type of communications equipment Kilpatrick and Beatty used during that time period and whether the city was paying the bill.
In addition Friday, Colombo:
- Ordered attorneys in the whistle-blower cases to produce a proposed motion crafted by the police officers' attorney, Michael Stefani, that included portions of the messages.
- Kilpatrick dropped an appeal of a jury's verdict in one of the whistle-blower lawsuits after the city's outside attorney, Sam McCargo, saw the motion. Stefani and city attorneys McCargo and Wilson Copeland, along with Kilpatrick's personal attorney Bill Mitchell, must produce the motion.
- If any of the four attorneys had the motion at some point but don't currently have it, they must tell the court what happened to it, the judge said.
- Allowed the Detroit City Council to intervene in the newspapers' lawsuit. But he denied the council's motion in a separate case to enforce a City Council-issued subpoena for communications company SkyTel to produce Kilpatrick's and Beatty's text messages. Colombo questioned whether the council has subpoena powers.
- Ordered Stefani to give him all the e-mail correspondence he had with city attorneys regarding the whistle-blower cases.
It's not clear how soon Colombo would release the text messages -- for the periods of Sept. 1 through Oct. 31, 2002, and April 1 through May 31, 2003 -- or the Stefani motion. Before releasing the messages, Colombo said he would allow attorneys for the city to review the material and make arguments on whether certain portions should be public.
Taxpayer dollars used
Details of the text messages' existence and a secret deal signed by Kilpatrick to keep them shielded were withheld from the City Council when it approved a settlement. But The News reported this week that records show taxpayer dollars were spent on private attorneys to research and set up a safe deposit box that eventually was used as the depository for the roughly 14,000 text messages that are at the vortex of the scandal. City officials say the billing was an error.
William Liedel, an attorney for the city, argued that the texts are private, in part because they are different from other documents and e-mails since they are not retained in the city's electronic system. But newspaper attorneys argued that Kilpatrick, early in his first term, signed a directive to his staff that "all electronic communications" sent on city equipment should be considered public.
Liedel said that city policy doesn't apply to the SkyTel pages because they were not a part of the city's electronic system.
"It doesn't utilize the city's system," Liedel said. "These aren't public records."
Liedel said after the hearing that he didn't know if the city would appeal Colombo's ruling.
Also at the hearing, Beatty's personal attorney, Mayer Morganroth, and James Thomas, a new attorney hired by Kilpatrick to represent him personally, said they planned to file a motion to intervene in the case.
Court order vs. federal law
Thomas and Morganroth argued that federal law -- the Stored Communications Act -- stops the disclosure of private communications and said the Free Press, which first printed portions of the text messages in January, could face penalties for publishing them . Free Press attorney Herschel Fink disagreed, saying the law doesn't apply to this situation.
Detroit News attorney James Stewart said the judge's court order releasing the messages would trump the federal law.
"Christine Beatty and the mayor continue to use every possible means to avoid public accountability," Stewart said.
Colombo said he is concerned about the amount of time it will take him to review the close to 14,000 text messages and decipher any shorthand. He said he just recently learned about the meaning of "lol" in texts, which translates to "laugh out loud."
"I thought that meant 'lots of love,'" Colombo said. "But I am told it means something else."
Another judge is also expected to sort through thousands more administration text messages in a separate but related lawsuit.
U.S. District Judge Gerald E. Rosen selected two magistrates who will review a trove of text messages sought by lawyers representing the son of slain exotic dancer Tamara Greene, according to court records released Friday.
Rosen set up rules temporarily shielding text messages sent from Kilpatrick and other city officials and employees.
The rules are intended to keep the text messages confidential until they can be reviewed and it can be determined which, if any, will be given to Greene's lawyer, Norman Yatooma.
Worthy's answers to reporters' questions
Detroit News
March 25, 2008
Excerpts from Wayne County Prosecutor Kym Worthy's press conference following her announcement Monday:
Reporter: (Are) the mayor and Christine Beatty also facing potentially additional charges beyond the ones you enumerated today?
No, we have completed the investigation into Mayor Kwame Kilpatrick and Christine Beatty.
Reporter: There's been a lot of speculation that your investigation not only examined the depositions and the trial testimony but that your investigators looked into leads on the Manoogian Mansion party rumor and the death of Tamara Greene. Can you comment on that?
Our investigation has been all-encompassing and it continues on many issues.
You said city officials intentionally destroyed documents; are these people representing Kilpatrick or Beatty and what (are they) referring to?
That's what we're told by city attorneys and we're awaiting a hearing this Friday on that issue.
Reporter: How many people are you looking at for additional charges?
I would be foolish to answer that question and name any names.
Reporter: Prosecutor worthy, how long do you think before you have that investigation wrapped up, given the trouble that you've had in getting access to some of the documents?
I can't put a time frame on it.
Reporter: Are the mayor and Christine Beatty being asked to turn themselves in at a particular location?
Yes. But I'm not going to disclose that.
Reporter: When did you have the conversation with Kilpatrick's and Beatty's attorney general?
Before this the press conference.
Reporter: Attorneys for Beatty have said unless you have video proof of her sending the text messages from her Blackberry that this case is impossible to try?
What else is a defense attorney going to say?
Will you going to try this yourself?
No, I wish I could. I introduced the team that will be trying this case.
Reporter: You know that Christine Beatty's text messages are out there. Have you seen Mayor Kilpatrick's text messages not just for the relevant period but for the entirety of his administration?
Yes.
Reporter: Do you believe the mayor should step down?
That's not for me to say.
Reporter: Do you believe the Manoogian Mansion party happened?
I'm not going to say, we're investigating.
Reporter: [Inaudible].
I've had conversations with Stephen Murphy, the U.S. Attorney.
Are they doing an investigation?
That's all I'm going to say, we've had conversations. I expect the defendants to turn themselves in within the time requirements; that's typical when we have a defendant that is are not in custody. If they do not turn themselves in, we will go out and arrest them. If they turn themselves in, I would expect them to be booked, fingerprinted, arrested, and then arraigned. And then I expect an exam date to be set. Let me be clear, we are ready to go. Any delay on this case at all is not going to be from the Wayne County prosecutor's office. We're ready to roll.
Reporter: Why work with the sheriff's department rather than DPD or --
Why not work with DPD on this?
Why not work with them instead of --
This is Wayne County and we're working with the Wayne County Sheriff on the booking matters.
Will there be any plea agreements, are you open to that?
We're not going to have discussion at this time.
Reporter: Can you talk to us about the phone call the mayor made to you shortly before you announced you planned to open an investigation. What did he say and what bearing it made on the proceedings?
It didn't have any bearing on the proceedings. At that time, I knew nothing about the text messages at all. I can't comment on whether he did or not. But that wasn't his posture prior to that.
Reporter: Can you tell us what he said? Can you recount that conversation?
The thing I remember most is being shocked that he called me at all. Because we've had very, very few, maybe three or four conversations in the past.
Reporter: Will the arraignment be made public?
We expect it to be public, yes.
[Overlapping speakers]
Reporter: [Inaudible].
I'm sorry, I didn't hear you.
Any of the actions of the attorneys in this case?
We are -- our investigation is continuing, let me say that.
Reporter: You seem to have strong words just about sort of life lessons to be learned as small children, very powerful adults in our city seem to have forgotten. Can you comment on the relevancy of that and the fact that these are things that --
I think I said it all. We learn those things as children and it strikes me that a lot of the things we learn in kindergarten as children, as young as 4, 5, and 6, the principles in the criminal justice system, especially about promising to tell the truth, et cetera, it strikes me that even children know that these are things you're not supposed to do, lying and things like that.
Reporter: The mayor has said [inaudible] of this has affected his job as mayor of the city of Detroit. Do you believe that now that there are charges filed that it will consume much more of his time?
I'm not going to attempt to get into his mind.
Reporter: [Inaudible].
I'm sorry?
Reporter: Any type of plea agreement with the mayor?
We haven't considered anything like that at this time.
Reporter: You reviewed 40,000 pages of documents, how about personal interviews with people, how many actual interviews?
I don't know how many witnesses we talked to, but there were many, many, many.
Reporter: [Inaudible].
I can't characterize one way or the other. They came.
Reporter: Was Beatty cooperating with you at all?
We don't have discussions with defendants. That happens on televisions, but not in real life.
Reporter: [Inaudible] Any of your investigators spoken to Mike Cox or any of the principals in this case?
I've had talks with the attorney general about certain documents and he was very cooperative.
Reporter: So he was a cooperating person as opposed to a witness?
Not as a witness or anything like that at this point.
Reporter: I know you said you weren't able to get in touch with the mayor's representatives, do you have a message?
I think I just delivered it.
Reporter: What type of bond in this case, a personal bond matter?
We will be attending the arraignment and we'll be talking about that later on today.
Reporter: [Inaudible]
[Inaudible] -- Turning himself in, rather, is there a protocol for that, is there any place he can turn himself in, or have you designated a place for him to make himself present and Christine Beatty, as well?
A place was designated by the sheriff, and I'm not going to disclose that at this time.
Reporter: (Are) there other options to exercise?
He and she are to turn themselves in at the place that I designated.
Reporter: Can you tell us where he'll be arraigned?
In 36th district court.
Will he likely be there or a video arraignment?
I expect it to be a live arraignment.
Reporter: [Inaudible].
I didn't add them up, but the first four counts are five-year felonies, and the others are 15-year felonies. He has eight counts, and she has seven.
Reporter: [Inaudible] -- Say the messages should not have been released, maybe not even to this investigation. Can you give us the take on that.
We obtained these messages lawfully.
Reporter: Given the fact that we're talking about the mayor of a major city, do you anticipate any trouble in having an impartial jury and what about the judges at 36th District Court, do you think their relationship with the mayor will have any bearing on this case?
We've thought about all of that and we'll cross those bridges when we get to them. Right now, we're focused on the investigation.
Reporter: How compromised do you think the law department has been in all of this?
I'm not even going to go there. Anything else? Okay, thank you very much for coming.
Mayor charged!
Timeline of Detroit mayor's text scandal
Oakland Press
March 24, 2008
A chronology of the text-messaging sex scandal involving Detroit Mayor Kwame Kilpatrick:
2002: A rumored, but never proven, wild party takes place at Manoogian Mansion, the Detroit mayor's home.
April 30, 2003: Exotic dancer Tamara Greene, 27, is shot to death inside her car. She is rumored to have danced at the Manoogian Mansion party.
May 9, 2003: Detroit Deputy Police Chief Gary Brown is fired by Kilpatrick for conducting unauthorized investigations.
June 2003: Michigan Attorney General Mike Cox clears Kilpatrick after a five-week investigation into the rumored Manoogian party, saying he has found no evidence of such a party. Michigan State Police investigators also say they have found no evidence of wrongdoing following claims of a cover-up.
Oct. 13, 2005: Wayne County Prosecutor Kym Worthy announces plans to conduct an independent review of Greene's death.
Oct. 21, 2005: A jury orders the city to pay $200,000 to former police Lt. Alvin Bowman. The jury rules that Bowman's transfer was in retaliation for his probe into the alleged Manoogian party and Greene's death.
Aug. 28, 2007: Kilpatrick Chief of Staff Christine Beatty testifies in a whistle-blowers' trial that she did not have a romantic or intimate relationship with the mayor in 2002 and 2003.
Aug. 29, 2007: Kilpatrick denies under oath that he had an extramarital affair with Beatty in 2002 and 2003.
Sept. 11, 2007: A jury awards $6.5 million to two former police officers in the lawsuit, capping the three-week trial. Kilpatrick vows to appeal.
Sept. 28, 2007: Michael Stefani, attorney for the officers, subpoenas SkyTel, the city's communications provider, for text messages transmitted on Beatty's city-issued paging device.
Oct. 5, 2007: Stefani gets the text messages.
Oct. 17, 2007: The city and the whistle-blowers reach a settlement worth $8.4 million. It includes a clause referring to the text messages.
Oct. 19, 2007: The Detroit Free Press files a Freedom of Information request to see the settlement.
Oct. 27, 2007: Kilpatrick rejects the terms proposed for the settlement from Oct. 17.
Nov. 1, 2007: Kilpatrick approves the terms and conditions of an agreement approved Oct. 23 by the City Council. One part is for the public to see -- not mentioning the text messages -- but the other remains confidential.
Nov. 13, 2007: The Free Press files a second FOIA. It and The Detroit News later file a lawsuit seeking documents.
Jan. 23: The Free Press posts stories on its Web site, citing text messages that allude to Kilpatrick and Beatty having a physical relationship in 2002 and 2003 and that they misled jurors about Brown's firing. It is unclear how the newspaper obtained the text messages.
Jan. 25: Worthy says she has opened an investigation into whether Kilpatrick and Beatty committed perjury during the whistle-blowers' trial. She says the independent investigation "will be fair, impartial and thorough."
Jan. 30: Kilpatrick delivers a televised public apology about the text-messaging sex scandal from his church with his wife, Carlita, at his side.
Feb. 5: Wayne County Circuit Court Judge Robert Colombo Jr. orders that documents detailing the confidential settlement agreement from the whistle-blowers' lawsuit be made public. The mayor's office later appeals that ruling.
Feb. 8: Kilpatrick gives a radio interview saying he believes he's "on an assignment from God" and vows not to resign as Detroit mayor. Beatty's resignation as chief of staff becomes official.
Feb. 13: The Michigan Court of Appeals agrees with Colombo's ruling.
Feb. 15: Kilpatrick's attorneys appeal the Court of Appeals ruling to the state Supreme Court.
Feb. 19: The Detroit City Council asks the state Supreme Court to refuse Kilpatrick's request to stop the release of the documents.
Feb. 27: The Michigan Supreme Court declines to hear an appeal. The documents are released.
March 11: Kilpatrick gives his annual State of City address in which he singles out City Council President Ken Cockrel Jr. for not sitting on the stage with him. Cockrel would become mayor if Kilpatrick leaves office. Kilpatrick also uses the N-word to describe threats he and his family have received and describes opposition and media coverage as a "lynch mob mentality."
March 12: Cox calls on Kilpatrick to resign, accusing him of race-baiting during the State of the City address.
March 13: Cox says his office will look into new claims concerning the rumored Manoogian Mansion party.
March 18: The City Council votes 7-1 on a nonbinding resolution asking Kilpatrick to resign.
March 21: Colombo rules some text messages that indicate a romantic relationship between Kilpatrick and Beatty may be made public.
March 24: Worthy authorizes a 12-count criminal information against Kilpatrick and Beatty on charges including perjury and obstruction of justice.
Charges boost case in stripper's death, lawyer says
Indictment supports idea that mayor stalled efforts to find her killer, family's attorney says
Detroit News
March 25, 2008
The lawyer representing the family of slain exotic dancer Tamara Greene says Monday's criminal charges against Detroit Mayor Kwame Kilpatrick and his former chief of staff bolster the credibility of his case.
Norman Yatooma said it is significant that obstruction of justice charges against Kilpatrick and Christine Beatty relate to allegations that they fired former Deputy Police Chief Gary Brown to hamper Brown's criminal investigations related to the mayor and his police bodyguards. Among the allegations Brown was looking into was a rumored party with strippers at the Manoogian Mansion, the mayor's official residence.
"Terminating Gary Brown was done in order to avoid the investigation of the party," and Monday's charges show Wayne County Prosecutor Kym Worthy holds a similar view, Yatooma said.
Greene, an exotic dancer linked to a rumored party at the mayor's mansion, was shot to death in a drive-by shooting in Detroit on April 30, 2003.
Yatooma represents the father of Greene's 14-year-old son. The family is suing in U.S. District Court, alleging the investigation of Greene's killing was hampered for political reasons.
City officials have denied the allegations.
U.S. District Judge Gerald E. Rosen, the judge hearing the lawsuit, has ordered the city and SkyTel, the city's paging contractor, to preserve all text messages sent and received on the city-issued SkyTel pagers of Kilpatrick and 33 other current or former city officials for selected periods between Sept. 1, 2002 and Oct. 31, 2007.
Disclosure in January of pager text messages sent and received by Beatty led to Monday's charges against her and Kilpatrick. The messages point to an affair between Kilpatrick and Beatty and contradict sworn testimony Kilpatrick and Beatty gave at a police whistle-blower trial in 2007.
Southfield attorney Mayer Morganroth, who represents Beatty in the criminal case and represents Beatty, Kilpatrick and the city of Detroit in the federal civil case, said Yatooma is wrong and the criminal charges have no bearing on the civil case.
"There's no evidence of the party" and "there's no evidence that the party had anything to do with the death," Morganroth said.
"Mr. Yatooma can pipe dream all he wants."
Rosen said at a recent closed-door status conference he would deny Morganroth's motion to dismiss the lawsuit, meaning the case will almost certainly go to trial, Yatooma said. He said a settlement with the city is highly unlikely.
Morganroth said he still expects the case to be dismissed after the judge determines text messages he ordered preserved have no relevance to Yatooma's claims.
Detroit employees shouldn't be arm of mayor's defense
Detroit News
March 26, 2008
Detroit City Council members need to assert control over city government -- especially the Law Department -- to make sure employees are not obstructing the Wayne County prosecutor's investigation of Mayor Kwame Kilpatrick.
The prosecuting attorney, Kym Worthy, Monday blasted parts of the Kilpatrick administration for throwing up roadblocks. She referred to "the machinations of the city of Detroit" and added that "at every bend and turn there have been attempts by the city through one lawyer or another to block aspects of our investigation."
Worthy later added that she believes some city employees have been intentionally withholding material she is seeking.
Two city employees, including the city administration's top lawyer, Corporation Counsel John Johnson, were facing contempt proceedings Monday for failure to comply with a subpoena from the Prosecutor's Office.
Johnson subsequently said he would cooperate.
At that hearing, an assistant prosecutor said the deputy director of the city Human Resources Department, Patricia Peoples, a cousin of the mayor, was identified as someone responsible for the destruction of documents.
City employees do not work for the mayor; they work for the city. It is their job to serve the broad interests of city residents -- not act as an arm of the personal interests of the mayor. Council needs to exert both its budgetary authority and oversight powers granted by the City Charter to make that clear.
It must especially be reinforced to the Law Department. Councilwoman Sheila Cockrel, in response to a television reporter's question Monday, wondered whether the Law Department has become an instrument "of the mayor's personal will."
It appears so. City attorneys did not fully inform council members of all of the details of an $8.4 million settlement they urged the council to approve. It turns out the deal was made to suppress text messages that will now play a role in the criminal charges levied against the mayor and his former chief of staff, Christine Beatty.
Some council members are rightly asking questions about the number of outside attorneys representing the city in various aspects related to this scandal. Five outside lawyers are now on the city's tab.
Why are taxpayers footing the bill for so many attorneys in what has become a personal legal problem for the mayor?
One of those attorneys, Mayer Morganroth, is acting privately for Beatty while he also represents the city, including Beatty and Kilpatrick, in a federal court lawsuit brought by the family of slain exotic dancer Tamara Greene.
That's a conflict that the council ought to deal with and was noted by the prosecution at the arraignment of Beatty and the mayor.
Kilpatrick has vowed to defend himself against the charges of perjury, conspiracy, obstruction of justice and misconduct in office brought by the prosecution. And he's entitled to object to subpoenas for documents or records.
But his personal lawyers should make those objections, not city lawyers or other employees.
City lawyers and other municipal employees should not be part of his defense team.
Caption: Detroit Corporation Counsel John Johnson faced a contempt hearing Monday for a failure to answer a subpoena by the Wayne County Prosecutor's Office.
Lawyer withdraws from defending city in lawsuit over exotic dancer's slaying
Detroit News
March 26, 2008
DETROIT -- Attorney Mayer Morganroth has withdrawn from defending the city of Detroit in a lawsuit brought by the family of slain exotic dancer Tamara Greene, according to a letter from the city's top attorney, John Johnson.
He will still be under contract with the city to represent Kilpatrick and ex-chief of staff Christine Beatty, who were sued individually in the lawsuit, Morganroth said.
In a letter sent to the Detroit City Council today, Johnson said Morganroth agreed to withdraw from the case as the city of Detroit's representative but it didn't give a reason for the move.
Kilpatrick and the city's law department have been criticized by council members and the Wayne County Prosecutor's office for the appearance of a conflict of interest. Morganroth also personally represents ex-chief of staff Christine Beatty in the seven felony charges she faces stemming from the text message scandal.
Councilwoman Sheila Cockrel was preparing to submit a resolution Thursday demanding the city remove Morganroth because of the appearance of a conflict of interest.
Morganroth said he will continue to represent Beatty, Mayor Kwame Kilpatrick and certain other defendants in the federal civil lawsuit.
He said he still believes there is no conflict of interest but the controversy over his representation is becoming a distraction that could hurt the case.
"It's really diverting us from representing the client because of all of this sideshow," he said.
Morganroth said he had been in discussions with the law department about substituting another attorney for some time, but "the (City) Council didn't seem to be interested in talking to us, they're just interested in making statements."
Greene, an exotic dancer linked to a rumored party at the mayor's mansion, was killed in a drive-by shooting in Detroit on April 30, 2003.
In the letter, Johnson said Krystal Crittendon, a supervising assistant corporation counsel would assume Morganroth's role.
Beatty lawyer limits Greene suit role
Officials want city's law department to end all of Morganroth's contracts, citing conflict of interest
Detroit News
March 27, 2008
DETROIT -- The circus-like atmosphere that has begun to swirl around Mayor Kwame Kilpatrick was in full force Wednesday as the governor stayed out of the fray and the high-profile lawyer representing Christine Beatty agreed to stop advocating for the city in the Tamara Greene lawsuit.
By the end of the day, lawyer Mayer Morganroth had withdrawn from defending the city of Detroit in a lawsuit brought by the family of Greene, a slain exotic dancer, according to a letter from the city's top attorney, John Johnson.
Morganroth said he will still be under contract with the city to represent Kilpatrick and ex-chief of staff Christine Beatty, who are being sued individually in the lawsuit, Morganroth said.
Kilpatrick and the city's law department have been criticized by council members and the Wayne County Prosecutor's Office for the appearance of a conflict of interest. Morganroth represents Beatty in the seven felony charges she faces stemming from a text message scandal.
Councilwoman Sheila Cockrel said she plans to introduce a resolution today calling for the city's law department to end any contracts with Morganroth because of the appearance of a conflict of interest.
"I am not satisfied at all," Cockrel said of Morganroth still representing Beatty and Kilpatrick in the case.
Morganroth said he will also continue to represent other defendants in the Greene lawsuit.
He said he still believes there is no conflict of interest, but the controversy over his representation is becoming a distraction that could hurt the case.
"It's really diverting us from representing the client because of all of this sideshow," he said.
Gov. Jennifer Granholm says she doesn't have much to say about the criminal case against Kilpatrick, citing the possibility she could have a role to play in the situation down the road.
She has the power to remove him from office, but said she wants to allow the legal process to move forward.
Granholm made the comments during a morning event in Detroit celebrating the 40th anniversary of Focus: HOPE, a nonprofit civil and human rights organization.
In addition, Detroit City Councilman Kwame Kenyatta, who drafted a council resolution calling for Kilpatrick's resignation, released an open letter to Detroit today calling again for the mayor to step down.
"It is time to heal," he wrote in the letter e-mailed to nine media outlets. "Within the past three months the City of Detroit has found itself lied to, lied on, betrayed and left in hurt, pain and shame. In order for this city to heal the Mayor must step down."
Kilpatrick has repeatedly said he will not resign.
Caption: Mayer Morganroth, Christine Beatty's lawyer, withdrew from defending the city in the Tamara Greene suit, although he says he believes it was not a conflict of interest to represent the city and Beatty. Councilwoman Sheila Cockrel said she plans to introduce a resolution today calling for the law department to end contracts with lawyer Mayer Morganroth.
Detroit mayor, Cockrel meet on key issues
Detroit News
March 31, 2008
DETROIT -- Mayor Kwame Kilpatrick and Council President Kenneth Cockrel Jr. met this morning to talk about several pressing city issues, with both characterizing the meeting as productive.
But Cockrel said late this afternoon that he was offended after a Kilpatrick staffer sent out a joint statement on the meeting without running it by Cockrel.
"I don't like the idea of being used as a public relations tool," Cockrel said.
The meeting, at the Detroit Club, is significant because it's the first one-on-one meeting between Kilpatrick and Cockrel since the whistle-blower scandal broke in late January. The meeting was held this morning downtown at the Detroit Club. They discussed Kilpatrick's proposed economic stimulus package, a potential deal to lease Detroit's half of the Windsor Tunnel and the upcoming budget process. Cockrel said they did not discuss details of the whistle-blower scandal.
If Kilpatrick resigns or is removed from office, Cockrel would become mayor until an election could be held.
James Canning, a spokesman for Kilpatrick, sent the statement this afternoon -- purportedly from both Kilpatrick and Cockrel -- which read:
"People in our city are struggling with a slowing national and state economy, record home foreclosures and rising gas prices, therefore they need their elected officials to remain focused on their needs. Clearly we disagree on some issues, however the one thing we strongly agree upon -- regardless of the climate -- is that we are firmly committed to working together to move the business of the city forward."
Cockrel said he agrees that the meeting was useful, but said he was upset that a statement was sent without his knowledge.
In other developments, the Detroit City Council canceled five planned closed sessions today to talk about five attorneys who have been recently hired by the city in the wake of the whistle-blower scandal, after questions emerged over whether the sessions were legal.
Cockrel said the council is reviewing whether to have at least three of the discussions in an open session.
State law only allows public bodies to meet in a closed session under certain circumstances, such as discussing trial or settlement strategy. But such cases are permitted only if there would be a detrimental effect if the body were to hold public discussions.
In three of the closed sessions, the council was set to have discussions with attorneys recently retained on issues that did not appear to have a financial effect on the city:
James Burdick, hired by the city to handle investigative subpoenas issued by Wayne County Prosecutor's Office into its investigation of Kilpatrick.
Gerald Evelyn, hired to represent John E. Johnson, the city's corporation counsel, as it relates to the investigative subpoenas.
Anthony T. Chambers, hired to represent Valerie Colbert-Osamuede, chief assistant corporation counsel, who handles investigative subpoenas. She was also the city's lead attorney at the whistle-blowers trial.
The other two sessions could have a financial impact on the city. Attorney Mayer Morganroth was set to discuss the pending lawsuit filed by the family of slain stripper Tamara Greene. And William Liedel was expected to discuss the pending Freedom of Information Act case brought by The Detroit News and Detroit Free Press, which could result in the city paying fines if it is found city officials failed to disclose public records.
City seeks gag order in lawsuit involving exotic dancer's death
Detroit News
April 1, 2008
The city of Detroit has asked for a temporary halt to proceedings and a gag order in a federal lawsuit brought by the family of a slain exotic dancer, saying the court case could interfere with the ongoing police investigation of Tamara Greene's killing and Detroit Mayor Kwame Kilpatrick's right to a fair trial in a separate criminal case.
Also, lawyer Mayer Morganroth, who has been criticized for having a possible conflict of interest in the case, withdrew today as lawyer for Kilpatrick and Detroit Police Chief Ella Bully-Cummings, after earlier withdrawing as lawyer for the city of Detroit. Now, the only defendant Morganroth will represent in the Greene case is former mayoral Chief of Staff Christine Beatty. Morganroth also represents Beatty in the Kilpatrick-Beatty criminal case.
Greene, whose name was linked to a long-rumored party at the mayor's Manoogian Mansion in the fall of 2002, was shot to death in Detroit on April 30, 2003. Ernest Flagg, the father of Greene's teenage son, alleges the Detroit police failed to properly investigate Greene's killing for political reasons.
Friday was the deadline for the city to provide Norman Yatooma, the Birmingham attorney representing Flagg, with a copy of Greene's police homicide file. Yatooma said Monday he was planning to file a motion asking U.S. District Judge Gerald E. Rosen to order the city to "show cause" why it should not be found in contempt of court for failing to turn over the homicide file and other records it was ordered to produce.
City Assistant Corporation Counsel Krystal Crittendon said in a court filing late Monday that Detroit police are aggressively pursuing leads received since Police Chief Ella Bully-Cummings -- a defendant in the lawsuit -- appealed through the media for tips on the Greene case.
"Given the fact that disclosure of the facts and information gathered by the Detroit Police Department to date concerning the Greene matter could seriously compromise the ongoing police investigation into Greene's death, Defendant City of Detroit respectfully requests that this Honorable Court stay the instant civil proceedings until the Detroit Police Department has had an opportunity to attempt to develop leads which have only recently been given to the department," Crittendon said in the court filing.
"Tendering the homicide file involving the death of Tamara Greene to the court in this matter will deprive the Detroit Police Department of an active homicide file at a crucial time of the investigation."
Yatooma could not immediately be reached for comment.
On March 24, Wayne County Prosecutor Kym Worthy charged Kilpatrick and Beatty with conspiracy, obstruction of justice, perjury and official misconduct in a criminal case arising from the city text message scandal.
SkyTel text messages from Beatty's pager first published by the Detroit Free Press pointed to a sexual relationship between Kilpatrick and Beatty and possible perjury by both when they testified at a police whistle-blower trial last year. Other records since made public as a result of a lawsuit by The Detroit News and the Free Press show Kilpatrick and Beatty signed a secret deal to keep the text messages under wraps as part of a settlement that paid $8.4 million in city funds to three police defendants in whistle-blower lawsuits.
In requesting a stay in the civil case, city attorneyscited the recent criminal charges against Kilpatrick and Beatty. Having to give evidence in the Greene lawsuit could potentially interfere with Kilpatrick's and other potential witnesses' Fifth Amendment rights against self-incrimination, Crittendon said.
In addition, "given the ongoing investigations being conducted by the Wayne County Prosecutor's Office, Michigan State Police, Detroit City Council and State Bar of Michigan, various employees, appointees and elected officials of the City of Detroit may also have to invoke the Fifth Amendment's self-incrimination provision, if called to testify" in the civil case.
The city also asked for a gag order, arguing Yatooma's frequent media interviews "will severely hinder the defendants' ability to receive a fair trial."
Morganroth never acknowledged a conflict of interest in representing Beatty in a criminal case while also representing Beatty, the city, Kilpatrick and Bully-Cummings in the federal civil case. His recent withdrawal from representing the city did not stop criticism from members of Detroit City Council and others who said Beatty's interests could be in conflict with Kilpatrick's interests.
Morganroth said today the talk of a possible conflict by pundits and others was creating "a sideshow" that could take away from a proper defense of the case, so he decided to withdraw from representing anyone but Beatty.
In addition to Greene's homicide file, Rosen had ordered the city to provide Yatooma by Friday with user identification numbers that would help SkyTel produce pager text messages from nearly three dozen city and police officials that Rosen has ordered preserved as possible evidence in the lawsuit. The text messages are to be privately reviewed by U.S. magistrate judges to determine if they are relevant to the lawsuit.
Crittendon's motion did not specifically address the city's failure to turn over those records.
Hearing set for April 14 on gag order request in stripper lawsuit
Detroit News
April 2, 2008
A federal judge today set an April 14 hearing on the city of Detroit's requests for a temporary halt to proceedings and a gag order in the federal lawsuit brought by the family of a slain exotic dancer.
Stripper Tamara Greene, whose name was linked to a long-rumored party at the mayor's Manoogian Mansion in the fall of 2002, was shot to death in Detroit on April 30, 2003. Ernest Flagg, the father of Greene's 15-year-old son, alleges Detroit police failed to properly investigate the killing for political reasons.
The mayor has denied the party took place and Police Chief Ella Bully-Cummings, a defendant in the lawsuit, denies the police have shirked the investigation, holding a recent news conference to seek tips on Greene's killing.
In a recent court filing, the city asked for a stay of proceedings in the court case, saying it would be harmful to the police investigation to have to turn over the homicide file and other requested records to Greene's family.
Lawyers for the city also cited the recent perjury and other criminal charges brought against Kilpatrick and his former Chief of Staff Christine Beatty -- both defendants in the case -- in connection with the city text message scandal. Having to give evidence in the civil case could conflict with the Fifth Amendment rights of Kilpatrick, Beatty, and other potential witnesses in the case to remain silent, the city said in a court filing.
U.S. District Judge Gerald E. Rosen today ordered the city to file a brief supporting its position by April 7 and ordered Norman Yatooma, the lawyer for Flagg, to file a brief in response by April 11.
The city is also seeking a gag order, saying Yatooma's statements to the news media will prevent the case from being tried fairly.
Yatooma said today he is opposed to both a stay and a gag order.
He said Bully-Cummings had sent the Greene murder file to the "cold case" unit and she's only recently shown a public interest in solving the case. The best leads in the Greene homicide investigation have come as a result of the lawsuit, not the police investigation, Yatooma said.
As for a gag order, that would be unfair to Greene's 15-year-old, Jonathan Bond, Yatooma said.
"It's an abomination," he said. "Jonathan's constitutional rights have already been violated. That's what gives rise to this lawsuit in the first place.
"Now they also want to take away his constitutional right to free speech."
Lawyer: No texts in Greene suit
Beatty's attorney seeks to quash subpoenas seeking city, police officials' messages
Detroit News
April 28, 2008
DETROIT — The attorney for former mayoral chief of staff Christine Beatty wants text messages that were sent between city and police officials excluded from a lawsuit brought by the family of Tamara Greene, the exotic dancer who was killed in a 2003 drive-by shooting.
Mayer Morganroth, Beatty's attorney in the Greene case, on Friday filed a motion in U.S. District Court to quash subpoenas seeking the text messages, claiming the federal Stored Communications Act bars their release in a civil lawsuit, unless the person sending or receiving the messages gives permission for their release.
"This court should prohibit all discovery of electronic communications purportedly pertaining to Beatty from any source whatsoever inasmuch as Beatty has not authorized the release of any communications relating to her," Morganroth wrote in his motion.
"The clear purpose of the SCA is to protect the privacy of 'users,' regardless of who owns or pays for the equipment or service," Morganroth wrote.
The lawsuit, filed on behalf of Greene's 15-year-old son, Jonathan Bond, by his father, Ernest Flagg, claims city officials failed to properly investigate Greene's murder.
Greene, who used the stage name "Strawberry," has been linked to a long rumored but never substantiated party at the mayor's Manoogian Mansion in the fall of 2002.
Norman Yatooma, Flagg's lawyer, several weeks ago subpoenaed SkyTel pager text messages for Kilpatrick and 33 other current or former police and city officials. Yatooma on Sunday called the motion to quash subpoenas seeking the text messages "ridiculous."
"First of all, Beatty is not a subscriber, and this act protects only the subscriber," Yatooma said. "The city is the subscriber, not Ms. Beatty. And the city is in conflict with itself, because the city, through the City Council, is asking for these same text messages.
"Also, the mayor has already waived these arguments many years ago when he said all such information is public information," Yatooma said. "He put that in writing."
University of Detroit Mercy law professor Larry Dubin believes Yatooma's argument is valid.
"I think there is a good possibility that the judge will find that the defendants do not have a legitimate basis for blocking the release of these messages," Dubin said. "There's a strong argument to be made that the messages are public records and that the subscriber was the city of Detroit — not the individuals who used the devices."
But Morganroth in his motion claims the text messages should not be allowed, no matter who owned the pagers.
"It is perfectly reasonable for Beatty to expect that her electronic communications would remain private, even when such electronic communications were sent or received via city-provided equipment," Morganroth wrote.
U.S. District Judge Gerald E. Rosen expressed frustration two weeks ago when a city attorney said Detroit officials destroyed records showing which employees were using which city pagers at the time Greene was killed in April 2003.
Rosen said if he does not receive the "personal identification numbers" that show which specific Detroit Police and city officials had which pagers, he will order SkyTel, the city's former pager contractor, to turn over all pager text messages for all city employees for the time periods relevant to the lawsuit.
SkyTel officials have agreed to turn over the records so that federal magistrates could review them, but they said they first needed the pagers' personal identification numbers showing which employees had specific pagers.
Rosen had ordered the city to turn the PINs over to Yatooma by March 28, but city attorney Krystal Crittendon told the judge April 14 that she was unable to locate the records. She said they possibly were destroyed after the city stopped using the SkyTel pagers in 2004.
Rosen said if the records are not produced, he would "order the production of all text messages during the relevant time period."
Text messages from Beatty's SkyTel pager, which were published in the media in January, led to criminal charges being brought March 24 against Kilpatrick and Beatty.
Wayne County Prosecutor Kym Worthy charged Kilpatrick and Beatty with conspiracy, obstruction of justice, perjury and official misconduct in a case related to a police whistle-blower trial in 2007.
The pager text messages hinted at a sexual relationship between Kilpatrick and Beatty.
Both the mayor and his former chief of staff denied under oath having a sexual relationship during the whistle-blower lawsuit filed by former Detroit police officers, who said they were fired or demoted for investigating wrongdoing by the mayor.
The cost of the settlement was $8.4 million.
Cockrel: Council could explore asking Granholm to oust mayor
Detroit News
April 30, 2008
DETROIT – City Council President Kenneth Cockrel Jr. said today the council may take more drastic action against Mayor Kwame Kilpatrick if members decide he violated the city charter by withholding key information before they approved an $8.4 million police whistle-blowers settlement.
The council is limited because the charter does not specifically outline a way to remove the mayor, unless he is convicted of a felony. But Gov. Jennifer Granholm does have the power to remove an elected official under this scenario.
"Going to the governor may be something" council considers, Cockrel said.
Cockrel said he previously wasn't a fan of that option but may support the move. If they try to remove Kilpatrick through the charter, it could result in a lengthy legal battle, he said.
The comments came after the council's attorney, William Goodman, presented members with an 18-page motion that police whistle-blowers attorney Michael Stefani threatened to file if he did not receive fees for last year's lawsuit. It broke a long stalemate and triggered a settlement in the case. Goodman told reporters that it would be very difficult to overturn the settlement, but it's possible that members could personally seek to recoup at least some of the money from Kilpatrick.
The memo contains excerpts of text messages between Kilpatrick and his former chief of staff, Christine Beatty, that detail a love affair they denied during testimony. It also contains text messages that Stefani said supports his claim they organized an ouster of the members of the police Internal Affairs unit who were investigating the mayor and his bodyguards.
The council didn't know about the text messages before approving the settlement. It has since passed a non-binding resolution asking for the mayor's resignation.
Cockrel was reluctant to discuss all the council's options until Goodman presents a fuller report to members, possibly as soon as Thursday, about his recommendations for reform.
"I hesitate to speculate where this is all going to end up," Cockrel said.
Also today, the council unanimously approved a resolution opposing paying for legal contracts of firms they claim have conflicts of interest. The move follows complaints that attorney Mayer Morganroth represented Kilpatrick and other city leaders in a suit from the family of murdered stripper Tamara Greene at the same time he represents Beatty in her felony case involving the text messages.
Council members Kwame Kenyatta and Monica Conyers were absent during the vote.
Costly law dept. questioned
Detroit's use of outside firms, handling of whistle-blower case probed
Detroit News
May 5, 2008
DETROIT — The city Law Department, one of the costliest in the nation, is facing rising scrutiny for its role in the text-message scandal and for hiring outside attorneys with ties to Mayor Kwame Kilpatrick.
Detroit taxpayers pay more for legal services, $22 million a year, than any similarly sized city in the nation, a survey of the 13 largest cities shows. That's $24.70 per resident, second only to Los Angeles, which pays $25.38, but far more than cities such as Dallas and Indianapolis.
Increasingly, Detroit officials are questioning whether taxpayers get their money's worth — and if the 81-lawyer department is more interested in protecting Kilpatrick than city residents.
"There is a cloud of suspicion over the Law Department," said Larry Dubin, a University of Detroit-Mercy law school professor. "For the many fine lawyers there, that has to be difficult. The problems are coming from those at the top that run the department on a day-to-day basis."
Since 2005, the department has contracted with outside firms more than 75 times, paying about $2 million a year. More than half of those 22 firms have employees who donated to the mayor's political action committee — Generations PAC — or his re-election fund, campaign records show.
Deputy Mayor Anthony Adams denies any conflict, saying "everyone in this city knows everyone" and noting that outside contracts have dropped from $5 million a year since Kilpatrick took office.
The debate could come to a head today when the City Council is expected to receive a long-awaited report about the Law Department's handling of an $8.4 million settlement in last year's police whistle-blower case. Public debate about the report could begin Tuesday.
Council members complain that city attorneys never told them the settlement — which Kilpatrick strenuously opposed for months — was crafted to keep secret the romantic text messages between the mayor and his former chief of staff, Christine Beatty.
The controversy led to perjury, obstruction of justice and other charges against both of them stemming from claims they lied while testifying in a civil case last year about their relationship and firing Deputy Chief Gary Brown.
The fallout led to an Attorney Grievance Commission investigation into the behavior of three city attorneys: Corporation Counsel John E. Johnson, his chief assistant, Valerie Colbert-Osamuede, and Ellen Ha, who responds to Freedom of Information requests.
The mayor and his lawyers question the authenticity of the text messages and deny their existence prompted the settlement.
Report to outline reform
The report from attorney William Goodman is expected to address the council's options for removing the mayor and reforming the Law Department.
The case has prompted questions about its accountability. The corporation counsel who oversees the department is a mayoral appointee, but council members contend the 148-member department should represent the interest of all citizens.
One suggestion could be to revoke rules that let the mayor summarily fire the corporation counsel. Another is to force city attorneys to update council members more often about pending litigation and proposed settlements.
"We want to know if the attorneys were looking out to protect the mayor or to serve council and the city of Detroit," Council President Kenneth V. Cockrel Jr. said last month.
The concerns have become more vocal because the Law Department hired firms for work related to the text-message scandal on retainers just shy of the $25,000 threshold required for approval by the council.
"Is everything on the up and up? We just don't know," said Councilwoman Sheila Cockrel, who has repeatedly requested an accounting of every outside contract the city has for legal services.
Many of the outside firms are heavy donors to Kilpatrick, such as Lewis & Munday.
The Detroit practice was paid more than $300,000 in taxpayer money to represent Kilpatrick in last summer's police civil trial, is counsel to the Detroit Building Authority and has at least two other contracts. Its political action committee and lawyers have given Kilpatrick more than $50,000 since taking office, including $26,500 last year, records show.
Calls to the firm weren't returned Friday
Cockrel's inquiries revealed that William Mitchell III, an attorney the mayor said he hired last fall to represent him in the text-message scandal, had been working for a quasi-city agency, Greater Detroit Resource Recovery Authority. Last year, Mitchell donated $3,400, the largest allowable under state law, to Kilpatrick's re-election fund, records show.
Records released Friday show he was put on a $24,950 retainer in January for "general litigation support assistance" in a lawsuit against the city from the family of slain dancer Tamara Greene and another case. Mitchell backed out of the contract a month later, citing his representation of the mayor in the criminal case.
Mitchell didn't return phone calls, but Johnson and other mayoral appointees say Kilpatrick has reined in costs for the department and outside attorneys.
Kilpatrick reduced budget
The department's budget has dropped 30 percent since Kilpatrick was first elected in 2002. In the past two years, seven firms have been hired as outside counsel, with the rest of the money spent on firms working cases, said Johnson, the corporation counsel.
"That's something I'm watching very, very carefully," he said.
The mayor's press secretary, Denise Tolliver, said 78 percent of the department's budget is earmarked for salaries and benefits locked in by a union contract.
Other firms that have donated to Kilpatrick include:
•Williams Acosta of Detroit, which has received more than $500,000 in legal work since 2002 from the city and its agencies. Its lawyers have given more than $10,000 to the mayor and his PAC. The firm's partner, Avery Williams, also represented the mayor's friend, Bobby Ferguson, after he was sued over the pistol-whipping of an attorney.
•Lawyers from the law firm Pepper Hamilton, including William Phillips, the treasurer of the Generations PAC, have given nearly $100,000 to the mayor. Pepper Hamilton, among other contracts, is involved in a Detroit Water and Sewerage Department bond issue. Phillips is involved with negotiations to sell half of the Detroit-Windsor Tunnel.
Rich Robinson, executive director of the nonprofit, nonpartisan Michigan Campaign Finance Network, said residents and voters must be aware of ties between donors and city contractors.
Deputy Mayor Adams said none exist.
"Many of these firms have been doing business with the city long before the Kilpatrick administration," he said.
Daughters of slain exotic dancer join lawsuit against city of Detroit
Detroit News
May 5, 2008
Two daughters of slain exotic dancer Tamara Greene are seeking to join a federal lawsuit brought against the city of Detroit and Mayor Kwame Kilpatrick on behalf of Greene's 15-year-old son.
Birmingham attorney Norman Yatooma filed court papers Monday seeking to add Ashly Jackson, 12, and India Bond, 6, as plaintiffs in the lawsuit now filed on behalf of Jonathan Bond, 15.
Greene, an exotic dancer linked to a rumored party at the mayor's mansion in the fall of 2002, was shot to death in a drive-by shooting in Detroit on April 30, 2003.
The lawsuit alleges Detroit police failed to properly investigate the killing for political reasons and concealed evidence related to the incident.
Lawyers for the city, the mayor and police officials deny the allegations and have asked U.S. District Judge Gerald E. Rosen to dismiss the lawsuit.
Attorney: Cop sent text day of slaying
Message from mayor's bodyguard to Beatty after dancer shot may involve case, lawyer in suit says
Detroit News
May 6, 2008
DETROIT — It could be significant that a police bodyguard sent a text message to Detroit Mayor Kwame Kilpatrick's top aide just hours after exotic dancer Tamara "Strawberry" Greene was shot to death, a lawyer for Greene's family said Monday.
New court papers that Birmingham attorney Norman Yatooma filed in a lawsuit against the city over Greene's death highlight a text message reportedly sent to former mayoral Chief of Staff Christine Beatty on April 30, 2003, the day Greene was shot to death in the early morning hours.
"When you get a chance, could you give me a call?" officer Loronzo Greg Jones text-messaged Beatty that day, according to documents recently released in a separate court case.
"Yes," Beatty replied.
Yatooma detailed the reported exchange between Jones and Beatty and information about the background of Jones, the former head of Kilpatrick's executive protection unit, in a motion filed Monday seeking to amend his lawsuit against the mayor, the city, and top police and city officials.
"It's at least curious — it piqued my curiosity," Yatooma said of the Jones-Beatty exchange. It was quoted in a court brief prepared last year by police whistle-blower lawyer Michael Stefani, who subpoenaed the text messages from SkyTel Corp. Stefani later gave the messages up to representatives of Kilpatrick and Beatty as part of a secret settlement agreement.
"That text message may be innocuous, but the fact that a member of the EPU and a member of the mayor's office are in communication the day that Tamara Greene is killed — that's what we are looking into," Yatooma said.
"I want to see who else in the EPU was texting the day Tammy Greene was killed."
Jones, who was transferred from his EPU post in 2003, could not be reached for comment. Mayer Morganroth, Beatty's attorney, called Yatooma's latest claims ridiculous and absurd.
"She was getting text messages from the police all the time — that was her job," Morganroth said of Beatty.
Greene's name was linked to a long-rumored but never substantiated party involving strippers at the mayor's Manoogian Mansion in fall 2002. Yatooma's suit, filed on behalf of Greene's 15-year-old son Jonathan Bond, alleges the police failed to properly investigate the killing and concealed evidence for political reasons — charges the police, mayor and city deny.
Former homicide lieutenant Alvin Bowman said in a sworn affidavit he believes a Detroit police officer killed Greene with a .40 caliber police-issue handgun, but has provided few details to back his view. Police Chief Ella Bully-Cummings has described the Bowman affidavit as irresponsible and wrong.
Wayne Circuit Judge Robert Colombo Jr., who ordered the Stefani brief made public last Tuesday, said it was the document that broke a negotiating impasse and caused attorneys for the mayor and the city to settle police whistle-blower suits for $8.4 million. A secret side agreement not disclosed to Detroit City Council was intended to keep the text messages — which pointed to a Kilpatrick-Beatty affair and possible perjury by both of them when they testified at the whistle-blower trial — under wraps.
Yatooma's motion Monday details Jones' "tarnished record," including a misdemeanor gun charge in 1992, later expunged, a 1995 incident in which Jones was accused of shooting into a man's car while off duty, and a 1996 incident in which Jones, again off duty, fought with another police officer who pulled over his car.
The motion also seeks to add Greene's two daughters as plaintiffs in the lawsuit — Ashly Jackson, 12, and India Bond, 6.
Wayne County Prosecutor charged Kilpatrick and Beatty with perjury and other felonies in March.
Judge orders pager records
City lawyers scolded for not providing text message lists for use in Tamara Greene lawsuit
Detroit News
May 7, 2008
A federal judge on Tuesday ordered the city of Detroit to produce the city's contracts with pager provider SkyTel Corp. — documents that could determine whether text messages sent and received by the mayor and city employees can be subpoenaed in a lawsuit brought by the family of a slain exotic dancer.
U.S. District Judge Gerald E. Rosen also scolded lawyers for the city and former mayoral chief of staff Christine Beatty for possibly trying to impede the gathering of documents relevant to the Tamara "Strawberry" Greene lawsuit.
"The court discerns a troubling trend in this case, where a city attorney has stated on the record that at least some of the pertinent documents ... have been shredded, and where defendant Beatty has now interposed a dubious challenge to plaintiff's court-authorized effort to obtain this information through other means," Rosen said in a court order.
Greene's name was linked to a long-rumored party at the Manoogian Mansion in the fall of 2002. She was killed in a drive-by shooting in Detroit on April 30, 2003.
The lawsuit, brought on behalf of Greene's 15-year-old son, alleges Detroit police failed to properly investigate the killing for political reasons.
The defendants, who include the city, Mayor Kwame Kilpatrick, Beatty, and police officials, deny the allegations.
Norman Yatooma, the Birmingham lawyer representing Greene's family, subpoenaed text messages sent and received by the mayor and more than two dozen other current and former city and police officials.
Audit will probe Greene case
State Police forensics unit to look into Detroit's gun lab to see if investigations were mishandled
Detroit News
May 14, 2008
DETROIT — State Police forensics investigators auditing the city's firearms laboratory will look into whether evidence in the 2003 fatal shooting of stripper Tamara Greene was handled properly, the man in charge of the audit said.
The city's gun lab was shut down last month after an independent investigator determined that Detroit lab technicians mishandled evidence in a shooting case. Detroit Police Chief Ella Bully-Cummings ordered the lab closed and requested an audit by the state police to determine the scope of the problem.
As part of that audit, which is scheduled to start today and is expected to last four months, state investigators will randomly inspect cases handled by the city's nine firearms examiners. But Capt. Mike Thomas, director of the State Police Forensic Science Division, said investigators also will hand-pick certain cases — including the Greene shooting — as part of the audit.
"We're trying to identify all the cases where there's been a question about whether the evidence was handled properly," Thomas said. "Those are the cases we'll also take a look at, in addition to the random cases."
Greene, who danced under the stage name "Strawberry," was killed in a drive-by shooting on April 30, 2002. Her name has been linked to a long-rumored, but never substantiated, party at the mayor's Manoogian Mansion.
Former Detroit homicide Lt. Alvin Bowman in February said in a sworn affidavit that he suspects Greene was killed by a member of the Detroit Police Department.
Bowman made the allegation during a deposition in a federal lawsuit brought by Greene's family against the city of Detroit, Mayor Kwame Kilpatrick and other city officials. Greene's family alleges in the suit that top city officials interfered with the investigation of Greene's murder. City officials have denied the allegation.
Bowman also said in the affidavit there were links between Greene and "high-ranking city employees," including an unnamed associate of Kilpatrick. The former homicide detective alleged in a separate lawsuit that he was demoted for attempting to investigate Greene's killing.
"I suspected that the shooter was a law enforcement officer, and more specifically, a Detroit Police Department officer," he said in his Feb. 29 affidavit. He was awarded $200,000 in a jury trial against the city.
As part of the lawsuit brought by Greene's family, U.S. District Judge Gerald E. Rosen in March appointed two federal magistrates to look at text messages sent to and from city officials around the time of her murder. However, SkyTel Corp., the city's former pager service provider, has not turned over the text messages because the company first needs personal identification numbers (PINs), to identify which messages the court is requesting. The city has not provided those PINs.
Detroit Police say the Greene shooting case remains open.
"We've never closed the case," said Detroit Police spokesman James Tate.
"We've said that all along, and we hope anyone who has information about the case comes forward."
Norman Yatooma, the attorney representing Greene's children, said he was pleased by the new State Police probe.
"I'm glad to see someone giving time and attention to the case instead of covering it up," he said.
Greene was shot numerous times with a .40 caliber weapon — the kind issued to Detroit police. Bowman said he believed Greene was the target of a contract killing, because he said the shooter had plenty of time to also shoot her boyfriend, who was a passenger in the vehicle.
"In the course of our investigation, I learned from the Michigan State Police that they possessed a telephone record linking Ms. Greene to high-ranking city employees not long before her murder," Bowman said in the affidavit. "I also learned that Tamara Greene danced for and was employed by an associate of Mayor Kilpatrick."
As part of the State Police audit of Detroit's gun lab, Thomas said he also wants to look at four other cases where Detroit police allegedly mishandled gun evidence. Those cases involve clients of Marvin Barnett, the Detroit attorney who was responsible for the chain of events leading up to the shutdown of Detroit's lab and the subsequent audit.
Barnett hired independent forensics investigator David Balash to examine evidence in a case in which he said Detroit police mishandled gun evidence. In that case, two of Detroit's firearms examiners said that 42 spent shell casings came from one gun. But Balash found 24 bullets came from one weapon, 17 from another, and one was impossible to determine. An independent examiner retained by the prosecutor confirmed Balash's findings.
In another development, SkyTel filed a motion Tuesday seeking to quash Yatooma's subpoenas.
The motion by SkyTel, a division of Bell Industries Inc., is significant because up until Tuesday SkyTel had indicated it was prepared to comply with subpoenas seeking text messages in connection with the case.
SkyTel attorney Thomas Plunkett noted that Mayer Morganroth, an attorney representing former mayoral chief of staff Christine Beatty in the case, has said SkyTel could be sued if it releases text messages in connection with a civil case.
SkyTel wants to comply with court orders but also wants to avoid civil claims based on such compliance, Plunkett said.
He asked U.S. District Judge Gerald E. Rosen to quash Yatooma's subpoenas or order the city to request and obtain any subpoenaed information from SkyTel.
Detroit mayor vetoes effort to beef up oversight of legal contracts
Detroit News
May 20, 2008
DETROIT – Mayor Kwame Kilpatrick vetoed today a City Council measure that would require all outside legal contracts – no matter the cost – to get approved by the council.
The effort passed May 6 by a 6-2 vote. The council can override the veto – as early as Tuesday -- with six of its nine votes.
Councilwoman Sheila Cockrel pushed the measure after the council learned that a handful of outside attorneys were hired by Kilpatrick just under the $25,000 floor needing the city council's approval. That included Mayer Morganroth, who was hired by the city to defend Kilpatrick in a lawsuit brought by the family of Tamara Greene, a slain exotic dancer whose family wants her killer brought to justice. Morganroth also personally represents the mayor's former chief of staff, Christine Beatty, in her criminal case, which some criticized as a conflict of interest.
In a letter to the city council Monday, Kilpatrick said the change would burden the law department.
"It is unfortunate that City Council chose to react to recent events by quickly drafting and rushing through this proposed ordinance in twenty-five (25) days without the necessary contemplation and deliberation to understand the legal impact of its policy choices," Kilpatrick wrote in the letter.
On March 24, Wayne County Prosecutor Kym Worthy charged Beatty and Kilpatrick with conspiracy, obstruction of justice, perjury and official misconduct in a case related to a police whistle-blower trial in 2007. Worthy's investigation began after pager text messages published in January pointed to a sexual relationship between Kilpatrick and Beatty and possible perjury about the nature of their relationship and circumstances surrounding the removal of Deputy Police Chief Gary Brown when they both testified in that civil case last year.
Greene, whose name was linked to a long-rumored party at the mayor's Manoogian Mansion in the fall of 2002, was shot to death in Detroit on April 30, 2003. Ernest Flagg, the father of Greene's teenage son, alleges Detroit Police failed to properly investigate the killing for political reasons.
Request to remove mayor may be sent to gov today
Detroit News
May 20, 2008
DETROIT — The City Council may formally submit its request to Gov. Jennifer Granholm today asking her to remove Mayor Kwame Kilpatrick in the wake of the $8.4 million police whistle-blower scandal, an attorney for the panel said.
Last week, by a 5-4 vote, the council authorized its attorney, William Goodman, to draft the request and, by an identical vote, approved the start of its own impeachment-like process of Kilpatrick.
"I am going to get as many council members as I can sign it," Goodman said late Monday afternoon. "If everything goes well, I hope to have it in the governor's hand by (Tuesday) afternoon."
Goodman said the request will be similar to a report he issued to the council this month, in which he maintained that Kilpatrick violated the city charter, in part, because he didn't get the council's "informed" consent before they approved the whistle-blower settlement and that he used his public office for private gain by trying to keep details of the deal secret.
Kilpatrick's representatives dismiss the allegations, claim the messages didn't prompt the deal and have criticized the council for "political grandstanding."
Granholm's spokeswoman Liz Boyd declined comment on Monday. Inviting Granholm's action has been criticized by those wary of state intervention, citing the failure of the Legislature to solve the woes of the Detroit Public Schools after it was placed under state control.
In March, the City Council voted 7-1 demanding his resignation on claims he duped the council into approving an $8.4 million settlement of police whistle-blower cases that kept secret romantic text messages Kilpatrick and his former chief of staff, Christine Beatty, allegedly exchanged. Under oath, they denied a relationship and firing a police officer whose investigation threatened to expose it. The messages contradict the claims.
Also Monday, Kilpatrick vetoed a City Council measure to increase scrutiny on the law department that would require all outside legal contracts — no matter the cost — to get approved by the council.
The effort passed May 6 by a 6-2 vote. The council can override the veto — as early as Tuesday — with six of its nine votes.
Councilwoman Sheila Cockrel pushed the measure after the council learned that a handful of outside attorneys were hired by Kilpatrick just less than the $25,000 floor needing the City Council's approval. That included Mayer Morganroth, who was hired by the city to defend Kilpatrick in a lawsuit brought by the family of Tamara Greene, a slain exotic dancer whose family wants her killer brought to justice. Morganroth also personally represents Beatty in her criminal case.
Text messages kept under wraps
Judge's order bars release of texts from Detroit Mayor, top aide
Grand Rapids Press
June 4, 2008
DETROIT -- Text messages and other evidence in the criminal trial of Detroit Mayor Kwame Kilpatrick and his ex-top aide will not be released to the media or anyone not directly involved with the proceedings in 36th District Court.
An order barring the release of the messages was continued Tuesday by Judge Ronald Giles following a two-hour hearing.
Giles' ruling means the media and "third parties" will not have access to text messages obtained by the Wayne County prosecutor's office, which plans to enter them as evidence against Kilpatrick and former Chief of Staff Christine Beatty.
Defense attorneys also will get a 48-hour notice when prosecutors plan to file text messages or any other evidence to challenge whether it is admissible.
Prosecutors worry officials in two civil proceedings -- namely Wayne County Circuit Court Judge Robert J. Colombo Jr., and U.S. District Court Judge Gerald Rosen -- could request the text messages be released to them, Assistant Prosecutor Athina Siringas told Giles.
"We didn't want our obtaining the text messages to affect the other cases," she said.
Colombo is hearing a Freedom of Information Act request for the text messages by the Detroit Free Press and The Detroit News.
Last week, Colombo ruled federal law prevented him from forcing SkyTel to release the messages, but he might be able to compel the city to get them from its former communications provider.
On Tuesday, a lawyer for Gov. Jennifer Granholm proposed a two-stage process for considering whether to remove Kilpatrick as mayor.
The City Council voted 5-4 on May 13 to ask Granholm to oust him.
Granholm lawyer Kelly Keenan wrote Kilpatrick lawyer Sharon McPhail and council lawyer William Goodman he is recommending Granholm first consider written briefs, then decide if there is a basis for a hearing.
E-mail messages seeking comment were sent to Goodman and McPhail after business hours Tuesday by The Associated Press.
Stripper's son files suit
Meanwhile, the teenage son of a slain Detroit stripper is suing Kilpatrick, Beatty and the city in federal court.
The suit claims they interfered with a police investigation into Tamara Greene's 2003 murder.
Greene is believed to have performed several months earlier at a never-proven wild party at the mayor's official residence.
Kilpatrick lawyer James Thomas told Giles the other judges would make "an end run" for the text messages if they were made available.
Kilpatrick and Beatty are charged with perjury, misconduct and obstruction of justice stemming from testimony they gave last year during a whistle-blowers' trial.
They face a Sept. 22 preliminary examination before Giles.
They are accused of lying under oath about having an intimate relationship and their roles in the firing of one of three former Detroit police officers who filed two separate whistleblowers suits the city eventually settled for $8.4 million.
Excerpts of sexually explicit text messages left on Beatty's pager and first published in January by the Free Press have contradicted their testimony.
A stoic Beatty entered Tuesday's hearing with her lawyers. She was followed a few seconds later by Kilpatrick.
Once inside and seated, the mayor smiled and asked his former Detroit high school classmate and one of his top confidants: "How you doin'?"
From several feet away, Beatty returned a slight smile and nodded.
She appeared to avoid eye contact with him for the remainder of the hearing.
Giles also refused a motion Tuesday by the Free Press and News to unseal transcripts from a May 20 closed-door hearing.
His decision was to ensure Kilpatrick and Beatty receive a fair trial, Giles said.
"That information will, at some point, become very public," he said.
Kilpatrick later said he was pleased with Giles' decision.
"You want to make sure you have access to a fair trial," the mayor said while announcing an annual Father's Day celebration.
"It's not about politics as much as it is American jurisprudence."
Besides removal proceedings before the governor, the City Council is expected this month to begin forfeiture of office proceedings against the mayor.
Judge refuses to limit questioning in newspapers' lawsuit over text scandal
Detroit News
June 26, 2008
DETROIT -- A Wayne County judge turned down a city request Thursday to place strict limits on the questions city attorneys and other witnesses may be asked when they are questioned under oath in connection with a public records lawsuit brought by Detroit's two daily newspapers.
But Wayne Circuit Judge Robert J. Colombo Jr. also said the newspapers may never be able to use their Michigan Freedom of Information lawsuit to seek text messages sent and received by Detroit Mayor Kwame Kilpatrick and other city officials.
Colombo said that with a few exceptions, he did not believe lawyers for The Detroit News and the Detroit Free Press took too much time or asked too many irrelevant questions when they recently deposed lawyer Samuel McCargo, who represented Kilpatrick in a 2007 whistleblower lawsuit.
In a motion, city attorney William Liedel complained lawyers for the two newspapers asked questions that were beyond the scope of the lawsuit when they deposed McCargo for seven hours on June 9. Liedel asked Colombo to limit the length of time future depositions can last and limit questions to "the location of documents, the search for documents, and perhaps the creation of documents."
Colombo pointed to a few questions the newspapers' lawyers asked McCargo that he thought were improper or irrelevant. But he refused to set time limits on future depositions or strictly limit the questions in the way Liedel requested.
"I've read the deposition and I didn't feel that (the questions were) too far afield," Colombo said. "I don't have a big problem with what's happening in terms of this case."
The newspapers are suing the city for the release of all records related to the $8.4 million settlement of the lawsuit filed by two former Detroit police officers. Records already released as a result of the lawsuit show Kilpatrick and his former chief of staff Christine Beatty signed a secret deal as part of the settlement to keep under wraps embarrassing and potentially incriminating text messages they exchanged in 2002 and 2003.
The text messages sent and received on Beatty's city-issued SkyTel pager, first published in January, pointed to a sexual relationship between Kilpatrick and Beatty and possible perjury about the nature of their relationship and circumstances surrounding the removal of Deputy Police Chief Gary Brown when they both testified in that case.
Colombo, pointing to a recent federal appeals court ruling from California, said it may not be possible for the newspapers to obtain new text messages through their lawsuit. But Colombo cautioned he had not yet read the decision from the U.S. 9th Circuit Court of Appeals and he wanted to study it.
The June 18 Appeals Court ruling, in Quon v. Arch Wireless,said a wireless company violated the U.S. Stored Communications Act when it turned over to the city of Ontario, the subscriber to the electronic service, text messages sent and received by city employees who were users of the service.
Colombo said Thursday he always suspected federal law would not permit him to subpoena text messages directly from SkyTel. But he thought he might be able to order the city to request the text messages from SkyTel and turn them over to the court. That may not be possible in light of the California ruling, which said a city has no right to read employees' electronic communications without their knowledge and consent, Colombo said.
Also Thursday, Beatty attorney Mayer Morganroth filed documents in a federal lawsuit brought by the family of slain exotic dancer Tamara Greene arguing that the Quondecision precludes U.S. District Judge Gerald E. Rosen from ordering the production of text messages in that case. The suit against the city, the mayor, Beatty and police officials alleges Greene's killing was not properly investigated because she had been linked to a rumored party at the mayor's Manoogian Mansion.
On March 24, Wayne County Prosecutor Kym Worthy charged Kilpatrick and Beatty with perjury and other felonies related to the whistle-blower case. Both maintain they are innocent and are awaiting trial.
The Detroit City Council, which approved the financial terms of the $8.4 million settlements, was never informed of the secret deal and has since voted to try to remove Kilpatrick from office.
In a response to the city's motion to restrict questioning in the public records case, Detroit News attorney James E. Stewart said the city's request was "contrary to the very foundation of the civil justice system."
Stewart noted that when she was initially questioned in court in connection with the lawsuit, city attorney Valerie Colbert-Osamuede said she was not aware of any secret settlement documents related to the whistle-blower lawsuit. Her signature later turned up on one of the secret documents and Colbert-Osamuede later corrected her testimony in a letter to the court.
"In blunt terms, with this background, the city has no credibility in seeking to limit discovery of any witnesses in this case," Stewart said in a court filing.
Kilpatrick is among the witnesses expected to be questioned in connection with the lawsuit.
Appeals ruling may affect release of texts from mayor, city officials
Judge says decision in California case may prevent Detroit newspapers from getting access to messages
Detroit News
June 27, 2008
DETROIT — A Wayne County judge said Thursday Detroit's two daily newspapers may never be able to use their Michigan Freedom of Information lawsuit to seek text messages sent and received by Detroit Mayor Kwame Kilpatrick and other city officials.
The Detroit News and the Detroit Free Press are suing the city for the release of all records related to the $8.4 million settlement of lawsuits filed by three former Detroit police officers. Records already released as a result of the lawsuit show Kilpatrick and his former chief of staff, Christine Beatty, signed a secret deal as part of the settlement to keep under wraps embarrassing and potentially incriminating text messages they exchanged in 2002 and 2003.
The text messages sent and received on Beatty's city-issued SkyTel pager, published in January, pointed to a sexual relationship between Kilpatrick and Beatty and possible perjury about the nature of their relationship and circumstances surrounding the removal of Deputy Police Chief Gary Brown when they testified in that case.
As part of their lawsuit, the newspapers are seeking the official release of text messages already published, plus the release of any other relevant text messages.
Wayne Circuit Judge Robert J. Colombo Jr., pointing to a recent federal appeals court ruling from California, said it may not be possible for the newspapers to obtain new text messages through their lawsuit. But Colombo cautioned he had not yet read the decision from the 9th U.S. Circuit Court of Appeals and wanted to study it.
The June 18 ruling, in Quon v. Arch Wireless, said a wireless company violated the U.S. Stored Communications Act when it turned over to the city of Ontario texts sent and received by city employees who were users of the service.
Colombo said he suspected federal law would not permit him to subpoena text messages directly from SkyTel. But he thought he might be able to order the city to request the texts from SkyTel and turn them over to the court. That may not be possible in light of the California ruling, Colombo said.
James E. Stewart, a lawyer for The News, said outside court that "it's far too early to jump to the conclusion that this (9th Circuit) decision will impact this lawsuit."
Also Thursday, Beatty attorney Mayer Morganroth filed documents in a federal lawsuit brought by the family of slain exotic dancer Tamara Greene arguing that the Quon decision precludes U.S. District Judge Gerald E. Rosen from ordering the production of text messages in that case. The suit against the city, the mayor, Beatty and police officials alleges Greene's killing was not properly investigated because the dancer had been linked to a rumored party at the mayor's Manoogian Mansion.
Colombo denied a request from the city for strict limits on questions that lawyers for the newspapers can ask city attorneys, the mayor and other witnesses when they are questioned under oath in connection with the lawsuit.
Kilpatrick and Beatty are charged with perjury and other felonies related to the whistle-blower case. Both maintain they are innocent and are awaiting trial.
Kilpatrick controversy splits Detroit
Embroiled in a costly scandal, the 2nd-term mayor maintains a loyal following while others press for his impeachment
Blade, The (Toledo, OH)
June 29, 2008
DETROIT — As Mayor Kwame Kilpatrick fights for his political life and perhaps his freedom in the wake of felony charges stemming from a text-messaging scandal, feelings of racism, unequal treatment, political corruption, and perceived ignorance about the mayor are dividing the predominantly black population of the troubled Motor City.
In January, the Detroit Free Press published a story detailing text messages sent in 2002 and 2003 between Mr. Kilpatrick and Christine Beatty, his former chief of staff, that strongly suggest the mayor lied under oath during a four-year whistleblower lawsuit filed by three former Detroit police officers.
The mayor and city lost a jury verdict of more than $6 million and later withdrew an appeal of the case and quickly settled for about $8 million after the incriminating text messages were received under subpoena by attorney Mike
Stefani, who represented all the former officers.
In his criminal case, the mayor is accused of lying under oath about an extramarital affair with Ms. Beatty and about the reasons for firing Gary Brown, one of the officers in the lawsuit.
After the Free Press story ran, Wayne County Prosecutor Kym Worthy issued charges against Mr. Kilpatrick, including perjury and misconduct in office, and a divided Detroit City Council voted 5-4 in May to impeach him or have him removed from office.
There's no way to tell what will happen to the mayor once his case goes to court, but equally unclear is his standing in Detroit's court of public opinion.
In April, Detroit resident Angelo Brown started a recall campaign to remove the mayor from office as soon as November. The mayor's term doesn't end until 2010.
Since then, Mr. Brown has been joined by other Kilpatrick critics and recall organizers, including Chris Beatty, the uncle of Lou Beatty, who is the ex-husband of Mr. Kilpatrick's former chief of staff.
Mr. Beatty has been walking the streets of Detroit since the beginning of June, trying to convince people to sign a petition to put a mayoral recall on the November ballot.
"I believe a great majority wish he would just go away and let Detroit start over, but I find more citizens than I would believe that still sit on the fence," he said. "So many people believe he should be left alone. They say, 'Well [white public officials commit crimes and adultery] so why y'all running [Kilpatrick] out?' The people will tell you that they dislike what he's doing, but they have a difficulty signing."
Mr. Kilpatrick's office declined repeated requests to comment on this story, saying his lawyers needed to approve before he could talk to the Blade.
Polling numbers
The most recent poll of Detroiters' opinions on the mayor was conducted March 25 and 26 by the public opinion research group Selzer & Co., which was commissioned to do a poll by the Detroit Free Press.
Ann Selzer, president of the research group, said her firm polled 503 Detroit residents and found that 49 percent said they would definitely vote for someone other than Mr. Kilpatrick in November, 2009, while 23 percent said they would definitely vote for Mr. Kilpatrick.
But only 48 percent of those polled felt the mayor should leave office immediately, while 40 percent said he should not.
"In terms of there being a base of support for Mayor Kilpatrick, I think that's true," Ms. Selzer recently told The Blade. "One in five thought the mayor would be acquitted and remain in office. That's not a small group. It's not enough, but it's a group of people who are standing by to help him stay in office."
A source of debate
Some of those supporters can be found at D' Woods Barber Shop on Eight Mile Road on Detroit's East side, where owner David Woodger says his customers constantly debate about the mayor.
During a recent visit, Bo Thomas, 43, was one of several people with strong opinions who support the mayor remaining in office. "I don't want to say it's about race because we've had too many black mayors to say that," he said. "But if you're a black man, you're guilty until proven innocent . . . [Kilpatrick's accusers] want him out of the way because they can't control him."
Detroiters such as Mr. Beatty describe the city as one of the most segregated major cities in the country. The city has a black population of about 81 percent and a white populaton of about 12 percent, according to the U.S. Census Bureau.
Some neighboring suburbs such as Warren have a population about 90 percent white and less than 5 percent black.
Support and criticism
The Rev. Horace Sheffield III, a Kilpatrick supporter who is pastor of New Galilee Missionary Baptist Church in Detroit, said many of the mayor's critics dislike him because he stands up for the people of Detroit where other mayors have not.
He said former Mayor Dennis Archer was politically favored by whites in and around Detroit because he supported giving up city property and services to suburban communities.
"Under Archer, we lost residency, our courts, and income tax," he said. "The police and fire don't have to live here any more," Mr. Sheffield said. "The suburban populations tend to prefer mayors that are not strong black men," he said. "It's almost as if we prefer you if you don't have a certain demeanor. We would like you if you weren't so black. We like you if you support our agenda at the expense of your own people."
Mr. Kilpatrick has been criticized and revered for his image as the "Hip-Hop Mayor," a nickname he earned for wearing diamond-studded earrings and flashy suits and frequenting social scenes that cater to a younger audience.
Even Mr. Kilpatrick's toughest critics acknowledge the embattled mayor is a gifted, talented politician, who began his mayoral career with the charisma of another prominent black public official.
"The truth of the matter is Kilpatrick with his talents could have been Barack Obama before there was a Barack Obama," said Detroit TV and radio personality Mildred Gaddis, host of Inside Detroit, which airs on WCHB-AM 1200 radio from 6 to 10 a.m. Monday through Friday.
Mrs. Gaddis credits herself with being a tough critic of the mayor since he first took office in 2002.
"I was the only person who recognized from day one that Kwame Kilpatrick had talents that would take him where his character could not keep him," she boasted. "He is smart. The camera loves him. He has a great smile. He's a very likable guy, quite appealing . . . [But] he is the consummate con man, and con men have great skills. That's how they're successful. It may get you there, but it certainly won't keep you there."
Motor City woes
It's hard to tell if the number of people calling for the mayor to resign has increased as a result of the text-messaging scandal or whether the voices of people who always disliked him have just gotten louder.
For the last seven years, John Reihl of Detroit has been president of Local 207 of the American Federation of State, County, and Municipal Employees, a union representing more than 1,000 government employees.
Mr. Reihl is one of several Detroit union leaders supporting the recall campaign against Mr. Kilpatrick, but he said the text-messaging scandal has little to do with it.
He said the mayor has laid off more than 1,000 government employees since he took office in 2002 and has supported a policy of privatizing city services.
"I do not give a hoot who he has sex with on any particular day, but we do feel like we're being raped on a regular basis by him," he said. "Fifty-one percent of the work goes to contractors. They're just throwing money at these people and the contractors often do poor jobs. It's not saving money . . . You'd be hard pressed to find anything that's improved in the city. The city's kind of gone to hell in some ways."
Council perspectives
Kilpatrick critics such as City Councilman Kwame Kenyatta, who authored the resolution to impeach Mr. Kilpatrick, said many of the mayor's supporters give him credit for initiatives that were started under Mr. Archer, the former mayor, but that Detroit's problems have worsened under Mr. Kilpatrick's watch.
"Under him we've still been considered one of the poorest cities, one of the dumbest cities, one of the fattest cities, according to Forbes magazine," Mr. Kenyatta said, referring to a story in the magazine's Jan. 30 issue that declared Detroit America's most miserable city.
"These people did not pay a trash fee eight years ago. We were not in the national spotlight with a mayor that had been indicted with eight counts and the butt of jokes of every comedian around the country . . . We have to look at what the reality is vs. what uninformed people may feel on the basis of emotion."
Councilman Monica Conyers, the wife of U.S. Rep. John Conyers, voted against having the mayor removed.
"They had nothing to base it upon asking him to resign other than newspaper articles," she said in a recent Blade interview. "I believe if the election was held today, the mayor would get re-elected. He's charismatic, the people love him, and the people of Detroit are forgiving."
Legal issues
Media personalities, public officials, religious leaders, and residents debate and disagree on how the Kilpatrick saga will end, but city officials say Detroit is in turmoil and in need of strong leadership regardless of who the mayor is.
Meanwhile, the mayor's legal troubles continue unabated, with lawyers representing him filing suits to block council's impeachment attempts.
City Council recently delayed impeachment proceedings until August but has asked Gov. Jennifer Granholm to remove the mayor from office. The governor's said she is investigating the case.
The mayor's lawyers also are preparing for preliminary hearings for Mr. Kilpatrick and Ms. Beatty's criminal case, which begins in September.
Recall organizers need about 60,000 signatures by Aug. 5 to place an ouster question on the November ballot, but they won't disclose how close they are.
And there is the $150 million lawsuit filed in federal court against Mr. Kilpatrick and the city by attorneys for Jonathan Bond, 15, son of the late Tamara "Strawberry" Greene. The suit accuses the mayor's office of interfering with the investigation into Miss Greene's slaying and preventing investigators from probing allegations of a 2002 party involving strippers at the Manoogian Mansion, Detroit's official mayoral residence.
Miss Greene - an exotic dancer working under the name Strawberry and allegedly at the party - was killed on April 30, 2003, in a drive-by shooting.
It was the Detroit police's probe of the killing - and questions about the purported party at the mayor's mansion - that led to the disciplinary action against the officers, their lawsuits against Mr. Kilpatrick, and the text-messaging scandal.
CHRONOLOGY OF A SCANDAL
November, 2001: Kwame Kilpatrick defeats City Council President Gil Hill to become the youngest mayor of Detroit.
March, 2003: Harold Nelthrope, a guard for Mayor Kilpatrick, reports to police internal affairs he has heard from other police officers that they attended a party at the mayor's official residence, the Manoogian Mansion, where a nude dancer allegedly was assaulted by the mayor's wife, Carlita.
April, 2003: Gary Brown, deputy chief of internal affairs for the Detroit Police Department, is fired after meeting with Michigan State Police and after asking questions about the party and other police misconduct.
April 30, 2003: Tamara "Strawberry" Greene, the stripper alleged to have been assaulted by the mayor's wife, is killed in Detroit near the home of a male acquaintance. Investigators assigned to the case describe the slaying as a targeted assassination, or "hit."
May, 2003: Michigan State Police officially begin investigating the purported Manoogian Mansion party and possible criminal misconduct by the mayor, his wife, and Detroit police officers. The office of Michigan Attorney General Mike Cox also begins investigating.
June, 2003: Mr. Brown and Mr. Nelthrope file whistleblower lawsuits against the mayor, claiming wrongful termination and discrimination for cooperating with a police investigation.
June 24, 2003: The state attorney general's office announces it is closing the Manoogian Mansion investigation, describing the party as an "urban legend."
January, 2004: The Michigan State Police close their Manoogian Mansion investigation, citing a lack of evidence.
May, 2004: Former mayoral police bodyguard Walter Harris files a lawsuit against Mr. Kilpatrick and the city, claiming discrimination against him in his job duties as a result of his reporting information to the Michigan State Police buttressing reports of misconduct made by Mr. Nelthrope.
May, 2005: Detective Alvin Bowman sues Mr. Kilpatrick and the city for transferring him from his job as a homicide detective to the graveyard shift at another precinct because he was investigating the Tamara Greene homicide. Miss Greene's file was transferred to the department's "cold case" section around the time of Mr. Bowman's transfer.
April, 2006: Mr. Bowman's case is settled for $340,000.
September, 2007: A jury rules in favor of officers Mr. Brown, Mr. Nelthrope, and Mr. Harris for a total verdict of about $6.4 million. City attorneys working for Mr. Kilpatrick appeal the verdict.
October, 2007: City attorneys decide to drop their appeal and settle with the former officers for $8 million after the content of text messages is obtained by the officers' attorney.
January, 2008: The Detroit Free Press publishes a story detailing the contents of 14,000 text messages sent between the mayor and his chief of staff, Christine Beatty, indicating the two had an extramarital romantic relationship and apparently lied under oath about the reasons Mr. Brown was fired.
January 20, 2008: Mr. Kilpatrick goes on local television with his wife and apologizes for the scandal. Wayne County Prosecutor Kym Worthy begins investigating the text messages for proof of criminal misconduct.
March 12, 2008: The mayor delivers a passionate state-of-the-city address, challenging what he calls the media's "lynch mob mentality" and vowing to remain in office.
March 19, 2008: Detroit City Council issues a vote of "no confidence" in the mayor, asking him to resign.
March 24, 2008: After a 56-day investigation, the Wayne County Prosecutor's Office charges the mayor and Miss Beatty with multiple felony counts, including perjury, misconduct in office, and obstruction of justice.
May 13, 2008: City Council votes 5-4 to move to impeach the mayor and asks Michigan Gov. Jennifer Granholm to remove him from office.
KWAME MALIK KILPATRICK
Born: June 6, 1970; age: 38
Party affiliation: Democrat. He spoke at the 2000 and 2004 Democratic National Convention.
Education: Graduated from Cass Technical High School in Detroit. He received his political science degree from Florida A&M University in Tallahassee, where he was captain of the football team. He later received a law degree from Michigan State University's college of law.
Public service: Mr. Kilpatrick worked as a teacher at Detroit's Marcus Garvey Academy before beginning his political career.
In 1996, he was elected to the seat in the Michigan House of Representatives vacated by his mother, Carolyn Cheeks Kilpatrick, who was elected to represent Michigan's 15th Congressional District. He was elected mayor in November, 2001, and won a controversial re-election battle over challenger and fellow Democrat Freman Hendrix in November, 2005.
Family: Mr. Kilpatrick's mother is the chairman of the Congressional Black Caucus. His father, Bernard Kilpatrick, was chief of staff to former Wayne County Executive Edward H. McNamara.
Mr. Kilpatrick and his wife, Carlita, have three sons, Jelani and Jelil, who are twins, and Jonas.
Mayor Kilpatrick wants council to pay $150K more in legal bills
Detroit News
July 11, 2008
DETROIT – Mayor Kwame Kilpatrick wants the City Council to approve up to $150,000 in city spending for lawyers in two lawsuits, one related to the text-message scandal and another related to the long-rumored Manoogian Mansion party.
In a request submitted to the council Thursday, Kilpatrick wants to spend up to $100,000 on attorney Mayer Morganroth.
Morganroth was hired by the city to defend Kilpatrick, the city of Detroit and several other city employees in a lawsuit brought by the family of Tamara Greene, a slain exotic dancer who some claim performed at the rumored, but never proven party. Her family is suing the city alleging her 2003 murder wasn't properly investigated.
Morganroth also personally represents the mayor's former chief of staff, Christine Beatty, in her criminal case related to the text message scandal, which some on the council have criticized as a conflict of interest.
After the criticisms from the council, Morganroth decided to only represent Beatty in the case brought by Greene's family, in her former capacity as chief of staff for Kilpatrick.
Kilpatrick also wants the council to approve spending $50,000 for attorney William Liedel. Liedel is defending the city in a lawsuit brought by The Detroit News and the Detroit Free Press. The newspapers are suing the city for the release of all records related to the $8.4 million settlement of police whistle-blower lawsuits in 2007.
Records already released as a result of the lawsuit show Kilpatrick and Beatty signed a secret deal as part of the settlement to keep under wraps embarrassing and potentially incriminating text messages they exchanged in 2002 and 2003.
Liedel and Morganroth were hired by the city law department without the council's approval because at the time the panel only needed to approve contracts worth more than $25,000. Both contracts were slightly below that amount. The council has since changed its policy so that all legal contracts must be approved by the City Council.
But now Kilpatrick needs the City Council's blessing to spend more than the $25,000 ceiling on Liedel and Morganroth and is sure to encounter resistance.
The City Council began proceedings to force Kilpatrick out of office based on what a majority of members maintain are his violations of the city charter in the $8.4 million whistle-blower settlement.
Kilpatrick has also asked the council to pay for lawyers to represent city attorneys who are under investigation by the Attorney Grievance Commission for their handling of the settlement.
Council committee refuses to OK legal contracts in text cases, Greene lawsuit
Detroit New
July 25, 2008
DETROIT — A City Council committee refused to give preliminary approval on Thursday of more than $210,000 in legal contracts related to the on-going text message scandal as well as a contract to handle a lawsuit filed against the city related to death of exotic dancer Tamara Greene.
Councilwoman Brenda Jones said she would not allow the contracts to be voted on by the entire council next Tuesday because the committee she was chairing, the Internal Operations Standing Committee, still had questions.
The City Council is being asked to approve attorneys to represent a pair of city lawyers ensnarled in the on-going text message scandal; the hiring of a law firm to rebuff a Freedom of Information Act challenge by The Detroit News and the Detroit Free Press; and the Southfield firm of Morganroth & Morganroth to fight the lawsuit filed by the family of the slain dancer.
The individual contracts are:
•$100,000 with Morganroth & Morganroth to represent the mayor's former chief of staff, Christine Beatty, as it relates to the case involving Greene. The slain dancer's family believes the police department dragged its feet while investigating the death because the findings could have embarrassed Mayor Kwame Kilpatrick.
That firm is also representing Beatty as she defends herself against perjury and other felonies related to the whistle-blowers trial and the termination of former deputy chief Garry Brown. Beatty, who resigned from her $140,000 job, has a $2,200 a month mortgage and drives a 2008 Land Rover worth more than $50,000, has declined to explain how she is paying her legal bills in the criminal case.
•$20,000 with attorney Gerald K. Evelyn to perform legal services from when Wayne County Prosecutor Kym Worthy sought documents from the city as part of her investigation into the mayor.
•$20,000, again with Evelyn, to represent city corporation counsel John E. Johnson Jr., whose conduct is under investigation by the Attorney Grievance Commission for his role in the whistle-blowers settlement.
•$20,000 with Dickinson Wright of Bloomfield Hills to represent deputy corporation counsel Ellen Ha, whose conduct is also being investigated by the Attorney Grievance Commission as it relates to the whistle-blowers trial.
•$50,000 to the firm of Liedel, Grinnan & Liedel of Royal Oak to handle the Freedom of Information Act lawsuit.
Several of the attorneys and firms have been doing work since March and have not been paid because their contracts have not been approved.
Council members have accused city lawyers of misleading them about an $8.4 million whistle-blower settlement. The panel said it was never told the pact was written to keep secret text messages allegedly exchanged between Kilpatrick and Beatty. Both now face multiple felonies alleging they lied during a trial last year about having an affair and firing Brown.
The grievance commission, an arm of the state Supreme Court, is believed to be investigating Ha, Johnson and several other city attorneys on claims they put the personal interests of Kilpatrick ahead of those of the city.
Judge tightens reins on mayor
Bond, travel limits, drug tests ordered after incident
Detroit News
July 26, 2008
DETROIT — Mayor Kwame Kilpatrick, already facing criminal perjury and obstruction charges, was chastised by a Wayne County judge on Friday after law enforcement officials described the mayor physically and verbally assaulting them a day earlier.
Calling Kilpatrick's behavior "irrational," Judge Ronald Giles severely restricted his bond arrangements. No longer can the mayor of Michigan's largest city travel out-of-state without permission. No longer is he released on his own recognizance.
As State Police officials continued their investigation into the mayor's actions on Thursday, Kilpatrick was ordered to pay 10 percent of the $75,000 bond to avoid jail and submit to random drug testing. Giles also delivered a stern rebuke.
"I see the behavior as totally irrational," Giles said. "I don't know what was going on in defendant Kilpatrick's life that he exploded, for want of a better term. This is ridiculous.
"You are a licensed attorney, you are a public official," Giles continued. "Everything you do and everything you say is in some way recorded and obviously it's something you have to think about."
This skirmish piles on to the mayor's legal woes that include felony charges, a battle to prevent more text messages from becoming public and allegations he may have encouraged police not to investigate the death of exotic dancer Tamara Greene, who was rumored to have attended a never-proven party at the Manoogian Mansion in 2002.
Later, as the mayor waited nearly three hours in the courtroom as he worked to come up with the cash, he told the judge his state of mind had improved.
"I am being real rational today," Kilpatrick said Friday, who had been free on a personal bond with few restrictions after being charged in March with eight felony counts, including perjury, related to the whistle-blowers trial and dismissal of former deputy police chief Gary Brown.
James Parkman III, one of the mayor's attorneys, said outside the courthouse: "This was blown out of proportion."
Investigation moves to AG
Wayne County Prosecutor Kym Worthy's investigation of Kilpatrick began after pager text messages published in January pointed to a sexual relationship between Kilpatrick and his former chief of staff, Christine Beatty, and possible perjury about the nature of their relationship and circumstances surrounding the removal of Brown when they both testified in a civil case last year.
Giles had been expected to decide whether to release more text messages but indicated he needed more time, and then focused on the mayor's recent behavior, which assistant Wayne County Prosecutor Robert Moran described as "assaultive."
The mayor also learned this week prosecutors believe they have evidence linking him to relations with women other than Beatty and his wife. Detective Brian White, who testified he was "tossed" off the porch by the mayor, was the one who tracked down those women.
Wayne County Sheriff Warren Evans kicked the investigation of Thursday's incident to the State Police because of its politically charged nature. Now Attorney General Mike Cox, not the Wayne County prosecutor, will determine whether to charge Kilpatrick because White, who works for the Wayne County Sheriff's Office, is assigned to Worthy.
The brouhaha on Thursday began when White, who is the head investigator in the case, and his partner, Investigator JoAnne Kinney, drove by the home of the mayor's sister and saw a Ford pickup used by Bobby Ferguson's contracting company. The cops had been in the upscale La Salle Boulevard neighborhood to serve another subpoena in the case and decided, after spotting the truck, to see if they could locate Ferguson, a friend of the mayor.
Court testimony Friday outlined how investigators ran into Kilpatrick at his sister's house, and the mayor, in some fashion, pushed the lead detective in the case.
"It happened so fast," Kinney, a retired Detroit homicide cop, recalled under oath. "We were just looking for Bobby Ferguson ... I couldn't believe this was happening."
Officer testifies mayor 'irate'
As White and Kinney stood on the porch of Ayanna Kilpatrick's home, they were met at the door by Daniel Ferguson, Ayanna Kilpatrick's husband, who said he was a relative of Bobby Ferguson. As White began to ask more questions, the melee began.
From inside the house, White testified, the mayor was heard saying "leave my (expletive) family alone," "get the (expletive) out of here" and instructed other people at the home "don't tell those (expletive) anything."
White and Kinney both testified that the mayor also grabbed White.
White, who said doctors told him his hip may be "slightly" fractured due to the incident, testified the mayor shouted at Kinney: "How can a black woman be riding in a car with a man named White?"
Kinney testified: "He was irate." She also said Kilpatrick, whom she had never met and referred to as "Mr. Mayor," told her: "You, a black woman, with a man with the last name White. You should be ashamed of yourself."
White said he is trying to serve subpoenas as part of the case on Kandia Milton, the mayor's chief of staff, and Brenda Braceful, the former deputy corporation counsel who handled portions of the whistle-blowers trial but has since been disbarred.The mayor's attorneys said White and Kinney's characterizations, while nearly identical, were wrong.
Bond arrangements change
But the testimony from the two veteran officers was more than enough to convince Giles the mayor's bond had to be changed.
"I have locked up defendants for approaching or saying things to witnesses for a lot less, let alone touching them," Giles said. "I'm at a loss to defendant Kilpatrick's behavior here."
He also warned Kilpatrick, 38, that he will order him to attend anger management classes if there are more incidents.
Giles also required the mayor to be pre-approved to travel, that a hearing would be required for him to leave the state and that he no longer is allowed personal travel.
Before the mayor had blanket-permission to travel anywhere for business or pleasure, the only caveat being he had to tell the court before he left.
The judge said he would allow a previously planned trip to the Democratic National Convention in Denver, where the mayor is a super delegate, and a family trip.
Throughout the hearing, Kilpatrick sat resting his head, which he would occasionally shake, in his right hand.
Afterward his lawyers whisked him to probation, where he provided a voluntary urine sample. Parkman said the mayor "passed."
Bail bondsman Jeff Goldfarb, of the Goldfarb Bonding Agency, entered the paperwork to post the mayor's bond.
At first Kilpatrick hoped to be out of the courthouse in a few minutes but the wait turned into hours as the mayor, his lawyers, media consultant and two bodyguards waited.
A change in state law made posting bail more difficult and the initial bond posted by Goldfarb was rejected, setting off a flurry of phone calls until a staffer for Thomas showed up with a check for $7,500.
The mayor joked his money was tight. "$7,500 here, $750 here," he said, pointing to his legal team.
The mayor stood in front of window No. 4 in the lobby when he handed over the check and was allowed to leave.
The bond revocation has not affected the timeline Gov. Jennifer Granholm has set to decide whether she will remove the mayor, her press secretary Liz Boyd said Friday. "We have a very serious case before us and we're handling it in a quasi-judicial way."
"The most tragic thing ... is it's another blow to the city's image," said Council President Kenneth V. Cockrel Jr., who is leading plans to hold council hearings in August aimed at removing Kilpatrick from office. "It's long overdue for the mayor to do the right thing and get out of office."
Bond restrictions
Under terms of Mayor Kwame Kilpatrick's new bond requirements:
*Bond remained at $75,000 but the mayor now had to put up 10 percent cash. If he fails to appear, he would lose that money and be responsible for the remainder.
*Random periodic drug tests.
*No personal travel allowed outside the state, however his attorneys believe it would be granted if he asks the judge. One pre-approved trip was allowed.
* All business travel must be approved in advance by the judge and would require a hearing. A pre-approved trip to Denver for the Democratic National Convention next month was allowed as was a trip to Traverse City.
Police investigate felon in shooting death of exotic dancer Tamara Greene
Detroit News
August 1, 2008
DETROIT — Law enforcement officials say they have reason to believe — if not yet evidence enough to prove — that Darrett King killed stripper Tamara Greene.
King, 35, was expecting to be released from prison next month. Instead, he was in court Thursday to face new charges related to a 2004 Christmas Eve gas station stick-up.
King knows, however, the assault charges are meant simply to keep him in custody while investigators attempt to cement his role in Greene's April 30, 2003, slaying, according to his lawyer.
The life and death of the exotic dancer known as Strawberry has taken on mythological proportions in Detroit city lore. Identifying King, the 5 1/2 -foot-tall, 160-pound street hustler known as "Little D," as the suspect in the slaying could deflate the legend.
Greene was 27 when shot to death in a car on the city's west side. She is said to have danced months earlier at a rumored raunchy party at the mayor's Manoogian Mansion sometime late in 2002 and may have been caught in a compromising position with Kilpatrick by the mayor's wife, Carlita. According to the legend, Greene was beaten for it by Carlita Kilpatrick.
Greene, the story goes, was killed because she knew too much or because she was shaking the mayor down for hush money.
But the very existence of the party never has been confirmed, nor has any connection been shown between Greene's early-morning slaying and City Hall.
Investigators believe they have nailed-down the true scenario, working from the recollection of informants who said King went around town bragging about the killing and from a statement given by Eric "Big E" Mitchell, who was in the car with Greene when she was gunned down.
Two law enforcement officials familiar with the case, who spoke only on the condition of anonymity, confirmed that King is a suspect in Greene's murder.
"He knows what it's all about, and it's bull----," King's lawyer, Carl Jordan, said Thursday. Jordan described his client as "flustered" when he appeared in 36th District Court Thursday.
"What makes this 4-year-old assault case so important all of a sudden? It's not a stretch to figure out that my guy knew Tamara Greene," Jordan said. "But I don't think Mr. King is as much of a suspect as a possible witness who they (police) might want to put some pressure on to get him to talk to them."
King has a long rap sheet. He is doing time for being a felon in possession of a firearm. King pleaded guilty to the charge in June 2004, and drug dealing charges dating to 2002 were dropped.
The new charges, two counts of assault with intent to murder and being a four-time felony offender, stem from a case that somehow slipped through the cracks years ago during the police investigation and are being brought now to keep King locked up, law enforcement officials told The News.
The scenario surrounding Greene's death pieced together by investigators goes this way: Mitchell and King, both of whom have been arrested for narcotics possession, were colleagues in the rough and tumble of the Detroit drug scene.
The two were business associates, law enforcement officials say, who bickered bitterly in summer 2002 about a load of cocaine gone missing. The beef culminated with the torching of Mitchell's SUV, parked in his condominium parking lot. A security guard said it was a man in a white SUV. As, it happened, King's wife owned a white SUV and King bragged around town that he was the one who torched Mitchell's car, informants told police.
Greene, a known consort of both men and something of a famed talent in Detroit, was caught in the middle. Two weeks before her murder, Greene danced for a party of men that was attended by "Little D" (King) and "Big E" (Mitchell).
King made sexual overtures toward Greene, the law enforcement officials say, which Greene declined. Angered, King allegedly punched her first in one eye, then the other. Autopsy reports show Greene died with two black eyes.
Her beating was confirmed by Greene's grandmother, Bertha Powell of Columbus, Ohio. "She told me she got beat up at a party," Powell said. "She told me she was afraid."
Mitchell, who stands 6 feet 5 inches tall and weighs in excess of 250 pounds, intervened, authorities say. The large man beat down the little man — an embarrassment for King because it was witnessed by Detroit's gangland scene.
The feud escalated, investigators say. A week after the party, and a week before Greene's death, an expensive car leased by Greene's grandmother and used by Greene and Mitchell, was shot up.
A week later, in the early morning hours of April 30, 2003, Greene and Mitchell sat in her car idling in front of his home in the Bagley section of Detroit. According to a statement Mitchell gave to the police, a white SUV turned the corner, a left hand emerged holding a pistol from the driver's side window, and unleashed a barrage of at least 12 bullets, according to crime scene investigators.
Greene was struck three times, including once in the face and once in the neck. Her body slumped over the steering wheel, her eyeglasses were broken and the car, still in drive, crept down the street.
Mitchell was struck five times, but having seen the SUV, he ducked without warning next to Greene. He was not seriously injured, he told police. In fact, Mitchell got out of the car, called a friend on his cell phone and knocked on a neighbor's door. A few minutes later, Mitchell told the police on the scene, "It was Little D," law enforcement officials say.
Still, the case went cold until the mayor's spectacular problems began and the Detroit Police Department stepped up efforts to solve the case.
"He slipped through the cracks of a broken system," an investigator said of King.
"A broken system in a broken city."
A preliminary examination on the new assault charges was postponed Thursday.
Judge Katherine Hansen ordered King returned to court on Aug. 26. He is being kept, temporarily, in the Wayne County Jail.
Darrett King - Investigated for murder of Tamara King
Michigan Department Of Corrections
August 1, 2008
Darrett King - Investigated for murder of Tamara King
Michigan Court Of Appeals
2004 Conviction Affirmed
Police building case against felon as shooter of Tamara Greene
Detroit News, The (MI)
August 1, 2008
DETROIT – Authorities say they have reason to believe – if not yet evidence enough to prove –
that Darrett King killed stripper Tamara Greene.
King, 35, was expecting to be released from prison next month. Instead, he was in court
Thursday to face new charges related to a 2004 Christmas Eve gas station stick-up.
King knows, however, the assault charges are meant simply to keep him in custody while
investigators attempt to cement his role in Greene's April 30, 2003 slaying, according to his
lawyer.
The life and death of the exotic dancer and call-girl known as Strawberry has taken on
mythological proportions in the annals of Detroit city lore. Identifying the 5 1/2 -foot-tall, 160-
pound street hustler known as "Little D" as the suspect in the slaying could deflate the legend.
Greene was 27 when shot to death in a car on the city's west side. She is said to have danced
months earlier at a raucous and raunchy party at the mayor's Manoogian mansion sometime late
in 2002 and is said to have been caught in a compromising position with the mayor by
Kilpatrick's wife, Carlita. Greene allegedly was beaten for it by Carlita Kilpatrick.
Greene, the story goes, was killed because she knew too much or because she was shaking the
mayor down for hush money.
But the very existence of the party never has been confirmed, nor has any connection ever been
shown between Green's early morning slaying and city hall.
Investigators believe they have nailed-down the true scenario, working from the recollection of
informants who said King went around town bragging about the killing and from a statement
given by Eric "Big E" Mitchell, who was in the car with Greene when she was gunned down."He
knows what it's all about, and it's bull," King's lawyer Carl Jordan said Thursday. Jordan
described his client as "flustered" when he appeared in 36th District Court Thursday.
King has a long rap sheet. He currently is doing time for being a felon in possession of a firearm.
King pleaded guilty to the charge in June of 2004 and drug dealing charges dating to 2002 were
dropped.
The new charges, two counts of assault with intent to murder and being a four-time felony
offender, stem from a case that somehow slipped through the cracks years ago during the police
investigation and are being brought now to keep King locked up, authorities told The News.
The scenario surrounding Greene's death pieced together by investigators goes this way: Mitchell and King, both of whom have been arrested for narcotics possession, were colleagues in the rough and tumble of the Detroit drug scene.
The two were business associates, authorities say, who bickered bitterly in the summer of 2002
about a load of cocaine gone missing. The beef culminated with the torching of Mitchell's SUV,
parked in his condominium parking lot. A security guard said it was a man in a white SUV. As, it happened, King's wife owned a white SUV and King bragged around town, that he was the one who torched Mitchell's car, informants told police.
Greene, a known consort of both men and something of a famed talent in Detroit, was caught in
the middle. Two weeks before her murder, Greene danced for another party of men that was
attended by both "Little D" and "Big E."
King made sexual overtures toward Greene, authorities say, overtures that Greene declined.
Angered, the King punched her first in one eye, then the other. Autopsy reports show Greene
died with two black eyes.
Her beating was confirmed by Greene's grandmother, Bertha Powell, of Columbus, Ohio. "She
told me she got beat up at a party," Powell said. "She told me she was afraid."
Mitchell, who stands 6-feet 5-inches-tall and weighs in excess of 250 pounds, intervened,
authorities say. The large man beat down the little man – an embarrassment for King because it
was witnessed by Detroit's gangland scene.
The feud escalated, investigators say. A week after the party, and a week before Greene's death,an expensive car leased by Greene's grandmother and used by Greene and Mitchell – was shotup.
A week later, in the early morning hours of April 30, 2003, Greene and Mitchell sat in her car
idling in front of his home in the Bagley section of Detroit. According to a statement Mitchell
gave to the police , a white SUV turned the corner, a left hand emerged holding a pistol from the driver's side window, and unleashed a barrage of at least 12 bullets, according to crime scene investigators.
Greene was struck three times, including once in the face and once in the neck. Her body
slumped over the steering wheel, her eyeglasses were broken and the car, still in drive, crept
down the street.
Mitchell was struck five times, but having seen the SUV, he ducked without warning next to
Greene. He was not seriously injured, he told police . In fact, Mitchell got out of the car, called a friend on his cell phone and knocked on a neighbor's door. A few minutes later, Mitchell told the police on the scene. "It was Little D."
Still, the case went cold. Until the mayor's spectacular problems began and the Detroit Police
Department stepped up efforts to solve the case .
"He slipped through the cracks of a broken system," an investigator said of King. "A broken
system in a broken city."
A preliminary examination on the new assault charges was postponed Thursday. Judge Katherine Hansen ordered King returned to court on Aug. 26. He is being kept, temporarily, in the Wayne County Jail.
Jail just the beginning of mayor's legal woes
Detroit News,
August 8, 2008
DETROIT — Being in the Wayne County Jail had to be unpleasant, but Detroit Mayor Kwame Kilpatrick faces a multitude of legal challenges even if his bond is restored and he is freed.
The most immediate potential trauma comes this morning, when Attorney General Mike Cox is expected to announce criminal charges against Kilpatrick in connection with a July 24 incident in which he allegedly pushed a Wayne County Sheriff's Department officer attempting to deliver a subpoena at the home of Kilpatrick's sister, Ayanna.
Besides whatever Cox announces, the mayor faces perjury and other felony charges brought by Wayne County Prosecutor Kym Worthy in March. Kilpatrick also faces removal proceedings at the Detroit City Council and state level, a federal City Hall corruption investigation in which his father and certain of his advisers are among those under scrutiny, and a raft of civil lawsuits in which he could be found liable or called to testify under oath.
"It's like he has nowhere to turn," said Southfield criminal attorney Neil S. Rockind.
"You can't go backwards, and as you go forward, you're moving deeper and deeper into the box, and eventually someone pulls the stick out, and the box falls on you."
The mayor's attorneys, who are appealing Thursday's decision by 36th District Judge Ronald Giles to revoke Kilpatrick's bond, say they remain confident the mayor will be exonerated and complete his term.
But observers such as Rockind say Kilpatrick's position is becoming increasingly untenable. There is increasing talk of a possible deal that would include the mayor's resignation, though the mayor's lawyers deny anything is in the works.
Gov. Jennifer Granholm is among those who have stepped up the pressure Kilpatrick is facing. First she accelerated a date for a possible hearing on the Detroit City Council's request to have her remove Kilpatrick from office. Then, on Thursday, Granholm said the hearing would definitely go ahead on Sept. 3.
Even before the hearing in front of the governor, Kilpatrick faces removal proceedings before the Detroit City Council that are to begin Aug. 18.
Kilpatrick also faces numerous civil lawsuits. They include a federal lawsuit brought by the family of slain exotic dancer Tamara Greene and state civil lawsuits brought by Detroit's two daily newspapers, Detroit police officers, a former emergency medical technician, and taxpayers seeking to recover some of the $8.4 million paid in 2007 to settle police whistle-blower lawsuits involving the mayor.
New charges may be added to long list
Detroit News
August 8, 2008
Detroit Mayor Kwame Kilpatrick, ordered jailed Thursday for violating a condition of his bond, has a myriad of legal worries to face if he wins his freedom today. They include:
•Felony conspiracy, perjury, obstruction of justice and official misconduct charges filed by Wayne County Prosecutor Kym Worthy in March that could send him to prison for years.
•New charges, including assaulting a police officer, which could be announced by Michigan Attorney General Mike Cox at a news conference today.
•A long-running FBI investigation of alleged City Hall corruption in which the mayor's father, Bernard N. Kilpatrick, and close advisers of the mayor are reportedly among those under investigation.
•Detroit City Council efforts to oust the mayor through a process called forfeiture, for which trial-like proceedings are set to begin Aug. 18.
•Removal hearings before Gov. Jennifer Granholm that were requested by the City Council and that are set to begin Sept. 3.
•A federal civil lawsuit brought by the family of a slain exotic dancer that alleges Kilpatrick and other city officials obstructed the Tamara Greene homicide investigation.
•A civil lawsuit brought by Detroit's two daily newspapers that seeks the release of all records related to last year's $8.4 million settlement of two police whistle-blower lawsuits and that could force the release of text messages sent and received by the mayor and his close advisers.
•Veteran Detroit Police Detective Ira Todd is suing the mayor in Wayne County Circuit Court, alleging he was demoted for investigating alleged links between the mayor and drug dealers.
•A civil lawsuit filed by attorney Corbett Edge O'Meara seeks to hold Kilpatrick personally liable for part of the $8.4 million whistle-blower settlement, alleging some of the money the city paid was "hush money" related to the text messages.
•Douglas Bayer, a former emergency medical technician in Detroit, has filed suit in Monroe County Circuit Court, alleging the city retaliated against him for providing the Michigan State Police with information about a long-rumored party involving strippers at the mayor's Manoogian Mansion.
•A civil lawsuit filed by Detroit Police Officer Tony Davis alleges Davis was retaliated against for having information about alleged sexual liaisons involving the mayor.
Timeline of Detroit mayor's text scandal
Flint Journal
Aug 09, 2008
A chronology of the text-messaging sex scandal involving Detroit Mayor Kwame Kilpatrick:
* 2002: A rumored, but never proven, wild party takes place at Manoogian Mansion, the Detroit mayor's home.
* April 30, 2003: Exotic dancer Tamara Greene, 27, is shot to death inside her car. She is rumored to have danced at the Manoogian Mansion party.
* May 9, 2003: Detroit Deputy Police Chief Gary Brown is fired by Kilpatrick for conducting unauthorized investigations.
* June 2003: Michigan Attorney General Mike Cox clears Kilpatrick after a five-week investigation into the rumored Manoogian party, saying he has found no evidence of such a party. Michigan State Police investigators also say they have found no evidence of wrongdoing following claims of a cover-up.
* Oct. 13, 2005: Wayne County Prosecutor Kym Worthy announces plans to conduct an independent review of Greene's death.
* Oct. 21, 2005: A jury orders the city to pay $200,000 to former police Lt. Alvin Bowman. The jury rules that Bowman's transfer was in retaliation for his probe into the alleged Manoogian party and Greene's death.
* Aug. 28, 2007: Kilpatrick Chief of Staff Christine Beatty testifies in a whistle-blowers' trial that she did not have a romantic or intimate relationship with the mayor in 2002 and 2003.
* Aug. 29, 2007: Kilpatrick denies under oath that he had an extramarital affair with Beatty in 2002 and 2003.
* Sept. 11, 2007: A jury awards $6.5 million to two former police officers in the lawsuit, capping the three-week trial. Kilpatrick vows to appeal.
* Sept. 28, 2007: Michael Stefani, attorney for the officers, subpoenas SkyTel, the city's communications provider, for text messages transmitted on Beatty's city-issued paging device.
* Oct. 5, 2007: Stefani gets the text messages.
* Oct. 17, 2007: The city and the whistle-blowers reach a settlement worth $8.4 million. It includes a clause referring to the text messages.
* Oct. 19, 2007: The Detroit Free Press files a Freedom of Information request to see the settlement.
* Oct. 27, 2007: Kilpatrick rejects the terms proposed for the settlement from Oct. 17.
* Nov. 1, 2007: Kilpatrick approves the terms and conditions of an agreement approved Oct. 23 by the City Council. One part is for the public to see - not mentioning the text messages - but the other remains confidential.
* Nov. 13, 2007: The Free Press files a second FOIA. It and The Detroit News later file a lawsuit seeking documents.
* Jan. 23: The Free Press posts stories on its Web site, citing text messages that allude to Kilpatrick and Beatty having a physical relationship in 2002 and 2003 and that they misled jurors about Brown's firing. It is unclear how the newspaper obtained the text messages.
* Jan. 25: Worthy says she has opened an investigation into whether Kilpatrick and Beatty committed perjury during the whistle-blowers' trial. She says the independent investigation "will be fair, impartial and thorough."
* Jan. 30: Kilpatrick delivers a televised public apology about the text-messaging sex scandal from his church with his wife, Carlita, at his side.
* Feb. 5: Wayne County Circuit Court Judge Robert Colombo Jr. orders that documents detailing the confidential settlement agreement from the whistle-blowers' lawsuit be made public. The mayor's office later appeals that ruling.
* Feb. 8: Kilpatrick gives a radio interview saying he believes he's "on an assignment from God" and vows not to resign as mayor. Beatty's resignation as chief of staff becomes official.
* Feb. 13: The Michigan Court of Appeals agrees with Colombo's ruling.
* Feb. 15: Kilpatrick's attorneys appeal the Court of Appeals ruling to the state Supreme Court.
* Feb. 19: The Detroit City Council asks the state Supreme Court to refuse Kilpatrick's request to stop the release of the documents.
* Feb. 27: The Michigan Supreme Court declines to hear an appeal. The documents are released.
* March 11: Kilpatrick gives his annual State of City address in which he singles out City Council President Ken Cockrel Jr. for not sitting on the stage with him. Cockrel would become mayor if Kilpatrick leaves office. Kilpatrick also uses the N-word to describe threats he and his family have received and describes opposition and media coverage as a "lynch mob mentality."
* March 12: Cox calls on Kilpatrick to resign, accusing him of race-baiting during the State of the City address.
* March 13: Cox says his office will look into new claims concerning the rumored Manoogian Mansion party.
* March 18: The City Council votes 7-1 on a nonbinding resolution asking Kilpatrick to resign.
* March 21: Colombo rules some text messages that indicate a romantic relationship between Kilpatrick and Beatty may be made public.
* March 24: Worthy authorizes a 12-count criminal information against Kilpatrick and Beatty on charges including perjury and obstruction of justice.
* April 19: Kilpatrick tells an audience at Fellowship Chapel Church in Detroit: "I'm not being whupped by the devil, I am being punished by my God. I know that my disobedience put me in the situation I am in."
* May 13: The Detroit City Council votes 5-4 to begin forfeiture of office proceedings against Kilpatrick. On a separate 5-4 vote, the council approves asking Michigan Gov. Jennifer Granholm to remove Kilpatrick from office. A third vote - a nonbinding measure to censure the mayor - passes 7-2.
* July 14: 36th District Court Judge Ronald Giles declines to release a number of previously unreleased text messages, saying they could be subject to a privilege challenge by defense lawyers or would be inadmissible in a preliminary examination.
* July 17: A judge rules that two Free Press reporters do not have to reveal to defense lawyers how they obtained sexually explicit text messages published by the newspaper in January.
* July 22: Worthy modifies two charges against the mayor to add that Kilpatrick sent and received text messages with "intimate or romantic content" with women other than his wife or Beatty.
* July 24: Two investigators say Kilpatrick berated and attacked them as they tried to serve a subpoena to a Kilpatrick friend. State police investigate to see if assault charges should be filed.
* July 25: Giles chastises Kilpatrick for the incident with the investigators and orders the mayor to pay $7,500 and undergo random drug testing.
* August 06: Granholm says she personally will preside over the state's removal hearing, scheduled for Sept. 3.
* August 07: Giles orders Kilpatrick to jail for violating the terms of his bond by traveling to Windsor, Ontario, without notifying prosecutors or the court.
* August 08: Wayne County Circuit Court Judge Thomas Jackson orders Kilpatrick released from jail but sets a $50,000 cash bond and orders a ban on all travel and for the mayor to wear an electronic tether. The same day, state Attorney General Mike Cox charges the mayor with two felony assault counts relating to the July 24 incident.
Firefighter: Greene claimed assault
EMS worker says he was present when stripper allegedly told cops Mayor Kilpatrick's wife beat her
Detroit News
August 12, 2008
DETROIT — A city Fire Department lieutenant has come forward after waiting more than five years to say he was present as two police officers interviewed an injured Tamara Greene, who told them she had been assaulted by the mayor's wife, according to an affidavit filed Monday as part of the lawsuit Greene's family has filed against the city.
"The female spoke rapidly at first, saying her and her friend were dancing at a party at the Manoogian Mansion, and that the mayor's wife, Carlita Kilpatrick, threw a fit, hit her and the other dancer, then kicked them out of the house," read the affidavit, signed Sunday by Michael J. Kearns.
Kearns is a supervisor for the city's EMS Division and a 16-year department veteran. The affidavit does not name the plain-clothes officers, but indicates they took notes.
On that night — either a Friday or Saturday in the fall of 2002 — Kearns said he was working as field supervisor when he took a radio call seeking help at a gas station at Jefferson and Connor, roughly a mile east of the mansion.
The woman said she was "Tammy Greene" and that she also danced at The Grind, a former downtown Detroit strip club on Griswold.
In an interview Monday, Kearns said he remembers well meeting Greene that night, which he believes was before her alleged hospital visit. "She was very upset," he said, telling him she had been working as a stripper at the party when she was "beat up" by the mayor's wife.
Kearns, as a supervisor, drove to the scene of a "person assaulted" in a car and was met there by a police officer, he said.
But at the time, he didn't believe Greene's story, he said. Then, weeks later, he was on a run at Belle Isle when he heard sirens in the direction of the Manoogian and someone joked about another wild party.
For Kearns, a light bulb went off. "Whoa, maybe this girl was telling the truth," he said.
He kept quiet for years, he said, because he thought it was hearsay that no one could confirm. And, he was worried about losing out on promotions or job assignments if he crossed the mayor's appointees to the department.
"It had you scared," he said.
But a detective assigned to the "cold case" squad said Kearns gave him no verifiable information.
"He said 'well everybody knows in EMT that there was a party,'[UTF8]E28082[/UTF8]" Detective Michael Carlisle said. "I said give me some names and solid dates. He promised to call back. He never did; that's the extent of the interview."
The lawsuit names as defendants Kwame Kilpatrick, Police Chief Ella Bully-Cummings, the mayor's former chief of staff, Christine Beatty, and several police executives.
Earlier this month, the City Council was asked to approve $100,000 for the chief's legal fees.
Calls by The Detroit News to the mayor's staff and lawyers, who have been hired to defend the city, were not returned Monday.
"This is a bombshell," said Norman Yatooma, the Birmingham lawyer who is representing Greene's family. "For the first time we have a witness that puts everything together."
Kilpatrick has consistently denied that the party ever happened. Attorney General Mike Cox investigated it and dismissed it as an urban legend. However, former Deputy Chief Gary Brown and another officer successfully sued the city for $8.4 million because they alleged, among other things, that they were retaliated against because they either had knowledge of or were ready to investigate the existence of the party.
The lawsuit was filed on behalf of Greene's son, Jonathan Boyd, and alleges that the Police Department deliberately dragged its feet in solving the death of the exotic dancer because of political reasons. The case seeks more than $150 million in damages.
In recent months, Yatooma has filed an affidavit from Joyce Rogers, a retired Detroit Police Department clerk, who claims she saw a report from Greene asking that charges be filed because the mayor's wife beat her when she saw the dancer touch the mayor at the alleged party.
Yatooma also filed an affidavit from Greene's pastor, Ken Hampton of Detroit's Grace Bible Chapel, who said shortly before Greene was murdered, she confided in him someone was "out to get" her.
In addition, Yatooma has also been able to obtain a list of everyone who was given city-issued SkyTel pagers. SkyTel would only give the list to a federal magistrate. However, the company has concerns about turning over the actual text messages.
Yatooma then plans to obtain the text messages.
In a second affidavit filed Monday, a now-retired Fire Department lieutenant, Walter J. Godzwon, said he saw Kilpatrick along with bodyguards at Detroit Receiving Hospital around the same time Kearns claims to have seen Greene.
"In my conversations with EMS personnel at the scene, I came to understand that the (mayor's bodyguards) brought a woman to DRH for treatment at the emergency room," he stated in the affidavit, which was signed Monday.
Godzwon, contacted by phone Monday, said he's been telling the same story to others for six years, but that he was "reluctant" to get involved with the Greene case.
He decided to contact the lawyer about his hospital encounter with Kilpatrick "because I can't lie."
"The affidavit speaks for itself," he said.
But Godzwon, who is retired, said he doesn't believe Greene was the "woman" that Kilpatrick's bodyguards brought to the hospital. "To this day, I don't know if it's Tamara Greene," he said. "I don't believe it was Tamara Greene. But that's pure speculation on my part."
Godzwon said he also saw former Detroit EMT Douglas Bayer at the scene.
Bayer recently filed a whistle-blower's lawsuit against the city, alleging he was retaliated against for providing the Michigan State Police with information about the rumored party.
"I made these statements because they're the truth," Godzwon said. "Someone put me at the scene and asked me specific questions."
Kearns only contacted Yatooma after talking about the incident with a lieutenant in the city's homicide division.
He, too, was concerned to come forward. According to the affidavit, he didn't want to go to police "out of fear for my career and my safety."
Hearing for fired EMT in Greene lawsuit ends abruptly
Detroit News
August 13, 2008
DETROIT -- An appeal hearing for a fired Detroit Fire Department emergency medical technician was abruptly terminated Wednesday morning after city officials objected to attempts by the former EMT worker's lawyer to tape record the hearing.
Norman Yatooma, the lawyer for Douglas Bayer, denounced the hearing as a sham.
"That was absolutely, positively a circus," Yatooma said after he emerged from the hearing at about 11:30 a.m.
Bayer recently filed a whistle-blower lawsuit alleging he was retaliated against and eventually fired for providing the Michigan State Police with information related to a rumored stripper party at the mayor's Manoogian Mansion. Fire department administrators say Bayer was fired for stealing department equipment, a charge Bayer denies.
Fire Commissioner Tyrone Scott, who barred the news media from attending the hearing at fire department headquarters on Larned, was not immediately available for comment after the hearing.
Yatooma said he told city officials they would have to remove him from the hearing if they did not want him to record it, at which point the hearing was terminated.
Before the hearing ended, a union representative for Bayer said he stepped down from the three-member appeals panel "under duress" at the request of city officials.
The panel that hears the appeal has two members chosen by the city and one chosen by Bayer.
Bayer chose Wisam Zeineh, the president of his union. But Wednesday morning, city officials said Zeineh should be removed from the panel because he could be a potential witness.
Zeineh said he stepped down under pressure after officials reminded him he is still a city employee.
"The whole process is unfair," Zeineh, who was replaced by another union official, said during a break in the hearing. "This is not due process."
Bayer said the city's actions against him are "making it quite obvious that I saw something significant" at Detroit Receiving Hospital in the fall of 2002.
Bayer told Michigan State Police investigators he saw a large crowd outside the hospital when he arrived there for a call and a man he later concluded was a member of the mayor's executive protection unit attempted to prevent him from taking his patient to the emergency room.
He said the crowd of about 20-25 people included blacks and whites, males and females, some well-dressed, and "two individuals had Secret Service-type earpieces."
On the way out of the hospital, Bayer asked a group of EMT workers outside the hospital what the commotion was about and was told it related to an assault on a woman by the mayor's wife, a Michigan State Police report obtained under Michigan's Freedom of Information Act stated. A now retired fire department lieutenant, Walter J. Godzwon, recently said in an affidavit he also saw a commotion at the hospital and saw Bayer at the scene.Exotic dancer Tamara "Strawberry" Greene, whose name was connected with a long rumored but never proven party at the Manoogian Mansion in the fall of 2002, was shot to death in Detroit on April 30, 2003.
Her family is suing the mayor, the city and top police and city officials in federal court in Detroit, alleging the police investigation of Greene's unsolved murder was obstructed for political reasons. The mayor and city officials deny the allegations.
Also Wednesday, Scott rejected a plea from a lawyer for the Detroit Free Press to open the hearing to the media. An appeal to Wayne County Circuit Court is being considered, lawyer Brian Wassom said.
Fire Department administrators allege the reason Bayer was fired is because he stole cables for heart monitoring equipment, a charge Bayer denies and that Zeineh and Yatooma describe as ridiculous.
Media barred from hearing for EMT in Greene whistle-blower suit
Detroit News
August 14, 2008
DETROIT — The news media was barred this morning from a Detroit Fire Department administrative hearing for a former emergency medical technician who claims he was retaliated against and eventually fired for providing the Michigan State Police with information related to a rumored stripper party at the mayor's Manoogian Mansion.
The hearing for Douglas Bayer of Monroe began shortly after 9 a.m. at fire department headquarters in downtown Detroit.
Commissioner Tyrone Scott told reporters they could not attend the hearing.
Bayer recently filed a whistle-blower lawsuit against the city, claiming retaliation. He told Michigan State Police investigators he saw a large crowd at Detroit Receiving Hospital in the fall of 2002 when he was there on a call.
He said the crowd of about 20-25 people included blacks and whites, males and females, some well-dressed, and "two individuals had Secret Service-type earpieces."
On the way out of the hospital, Bayer asked a group of EMT workers outside the hospital what the commotion was about and was told it related to an assault on a woman by the mayor's wife, a Michigan State Police report obtained under Michigan's Freedom of Information Act stated.
Fire administrators maintain Bayer's dismissal was not related to the information he gave the state police.
The hearing was still under way this morning.
Exotic dancer Tamara Greene, whose name was connected with a long rumored but never proven party at the Manoogian Mansion, was shot to death in Detroit on April 30, 2003.
Her family is suing the mayor, the city and top police and city officials in federal court in Detroit, alleging the police investigation of Greene's unsolved murder was obstructed for political reasons. The mayor and city officials deny the allegations.
Union rep for fired EMT in Greene lawsuit quits appeals panel
Detroit News
August 14, 2008
DETROIT — A union representative for a fired Detroit Fire Department employee said he stepped down from an appeals panel "under duress" this morning at the request of city officials.
Douglas Bayer, a former emergency medical technician, who gave information to the Michigan State Police related to a rumored party at the mayor's Manoogian Mansion is appealing his dismissal at a hearing today at fire department headquarters in downtown Detroit.
The three member panel that hears the appeal has two members chosen by the city and one chose by Bayer.
Bayer chose Wisam Zeineh, the president of his union. But this morning, city officials said Zeineh should be removed from the panel because he could be a potential witness.
Zeineh said he stepped down under pressure after officials reminded him he is still a city employee.
"The whole process is unfair," Zeineh said during a break in the hearing, from which the news media was barred. "This is not due process."
Also this morning, Fire Commissioner Tyrone Scott rejected a plea from a lawyer for the Detroit Free Press to open the hearing to the media. An appeal to Wayne County Circuit Court is being considered, lawyer Brian Wassom said.
Bayer recently filed a whistle-blower lawsuit against the city, claiming retaliation. He told Michigan State Police investigators he saw a large crowd at Detroit Receiving Hospital in the fall of 2002 when he was there on a call.
He said the crowd of about 20-25 people included blacks and whites, males and females, some well-dressed, and "two individuals had Secret Service-type earpieces."
On the way out of the hospital, Bayer asked a group of EMT workers outside the hospital what the commotion was about and was told it related to an assault on a woman by the mayor's wife, a Michigan State Police report obtained under Michigan's Freedom of Information Act stated.
Fire Department administrators allege the reason Bayer was fired is because he stole a piece of department equipment, a charge Bayer denies.
Exotic dancer Tamara Greene, whose name was connected with a long rumored but never proven party at the Manoogian Mansion, was shot to death in Detroit on April 30, 2003.
Her family is suing the mayor, the city and top police and city officials in federal court in Detroit, alleging the police investigation of Greene's unsolved murder was obstructed for political reasons. The mayor and city officials deny the allegations.
Freedom from tether lasted for few hours
2nd judge orders Kilpatrick's GPS device reattached
Detroit News
August 15, 2008
DETROIT — One moment, Mayor Kwame Kilpatrick was smiling. A few minutes later, he was on the verge of tears.
In the morning, a judge ordered his GPS-based tether removed. By afternoon, another judge ordered it reattached.
For a few hours, Kilpatrick thought he could go to the Democratic National Convention as a superdelegate but, soon enough, he was banned again from traveling outside Wayne, Oakland and Macomb counties.
So it goes in the catnap-for-a-few-hours-and-you'll-miss-it whirlwind that has become the Kilpatrick scandal. It will pick back up again this morning when the mayor is back in court for a preliminary examination on claims he assaulted two court officers.
"There is just so much going on it can get confusing," said Rusty Hills, a spokesman for the state Attorney General's Office, which objected to the tether's removal and got it reinstated by 36th District Judge Ronald Giles. The same judge tossed Kilpatrick in jail overnight last week for violating bond in his perjury case.
"You need a playbook to keep up with the players."
The mayor also returned full-time to City Hall, one day after his spokeswoman repeatedly said he was on an indefinite vacation. Thursday, she said she misspoke.
Among Thursday's highlights:
•Retired Judge Leonard Townsend, sitting in for an ill Wayne County circuit judge, ordered Kilpatrick's tether removed and said Kilpatrick, as a superdelegate, was free to go to the convention in Denver that starts Aug. 25. He made the decision on his own, without even a request from the mayor's attorneys, saying, "I don't think the person representing Michigan should be wearing prison clothes or on a tether."
About three hours later, Townsend was overturned when lawyers for the attorney general persuaded Giles to write an opinion reinstating bond in their separate case, alleging Kilpatrick assaulted two court officers.
"We have an innocent person here," Townsend said. "He hasn't been found guilty of anything. We have to stop trashing the Constitution."
The surprise order infuriated Assistant Wayne County Prosecutor Lisa Lindsey, who argued: "Can you trust the mayor and his representatives? We had an agreement; none of this would happen today."
•Mayer Morganroth, an attorney for Christine Beatty, the mayor's former chief of staff and current co-defendant, repeated that Beatty is ready to testify against Kilpatrick if she is granted immunity by the Wayne County prosecutor. The Prosecutor's Office has steadfastly refused to comment on any plea bargains that are in the works. On Thursday, they both entered pleas of not guilty.
•Gov. Jennifer Granholm, while acknowledging but not detailing political maneuvering involving Kilpatrick's status, said she will not consider a pardon for the mayor. "There are lots of stuff going on behind the scenes," she said, declining to say whether she asked the mayor to resign. "Without getting into the rationale, I will not be pardoning or issuing immunity for anybody testifying at the hearing."
"The governor has no authority to issue a pardon in this matter," the governor's general counsel, Kelly G. Kennan, wrote in a letter released Thursday. "The governor also indicated that she does not believe the charges or circumstances here merit the use of the pardon power."
One of Kilpatrick's attorneys, Sharon McPhail, wrote Keenan asking for the pardon if the mayor agreed to testify at a scheduled Sept. 3 hearing on whether Granholm will remove Kilpatrick.
•The City Council's forfeiture hearing aimed at ousting the mayor from office slated to begin Monday is rescheduled to start Tuesday, if they are allowed to proceed. The judge in that case, Wayne County Circuit Judge Robert Ziolkowski, heard arguments for and against the hearings, and said he will announce a decision 2 p.m. Monday.
•The leaders of the mayor's church, the Church of God in Christ, joined a chorus of community and political leaders calling for Kilpatrick to resign — although the mayor's own minister, the Rev. Drew Sheard, has not yet weighed in.
"No one person should be allowed to virtually hold a city hostage," said Bishop P.A. Brooks. "The hardworking, good people of the city of Detroit are deserving of a leader who does not cause them embarrassment because of his actions."
Greene update
Cox conducts interview
Attorney General Mike Cox has interviewed a Detroit emergency medical technician who claims he heard slain exotic dancer Tamara Greene say she was assaulted by Mayor Kwame Kilpatrick's wife during a rumored party at the Manoogian Mansion.
Lt. Michael Kearns said in an affidavit filed in federal court Monday that he heard Greene tell undercover officers she was assaulted by Carlita Kilpatrick while dancing at a party for the mayor.
"We interviewed Kearns Wednesday," Cox spokesman Rusty Hills said. "We'll forward the report of the interview to the Prosecutor's Office."
Kilpatrick going to trial
Judge sees probable cause in alleged assault case
Detroit News
August 16, 2008
DETROIT -- Mayor Kwame Kilpatrick's attorneys were unfazed by a judge's decision to send his assault case to circuit court, using a lengthy hearing Friday to poke and prod potential inconsistencies in witness testimony.
Judge Ronald Giles bound Kilpatrick over to Wayne County Circuit Court for trial after a five-hour preliminary examination, saying prosecutors showed probable cause that Kilpatrick had assaulted a Wayne County Sheriff's deputy and his partner as they tried to serve a subpoena.
The mayor's next court date on the assault charges is Aug. 22.
After the hearing Friday, the defense team said they had expected Giles to send the case to circuit court and elicited more testimony -- where the officers were, what was said prior to the alleged shove July 24 -- that conflicted with previous statements and testimony.
"They're so inconsistent that a (juror) would have to look at that and say is this cooked testimony or not," said James C. Thomas, one of the mayor's attorneys. Thomas also claimed the confrontation was staged by the officer and his partner.
"It was a setup, there's no question about it," Thomas said.
Special Assistant Attorney General Douglas Baker downplayed the differences in testimony between what the officers said Friday and during a July bond hearing.
"There's a normal amount of play in the facts, and I think it's highly credible the testimony of both witnesses in the case," he said.
Baker scoffed at the claim of a setup. "That's a wild statement and I think it's a sign of desperation of the defense. There was nothing set up. They were simply assaulted trying to serve a subpoena."
Kilpatrick faces two assault or obstruction charges related to the confrontation. The felony charges, which allege obstruction of police officers, carry a possible two-year prison term and a fine of up to $2,000.
'I just couldn't believe it'
During the hearing, Brian White, a Wayne County Sheriff's detective assigned to the county Prosecutor's Office, and JoAnn Kinney, a former Detroit Police officer working as an investigator for the county prosecutor, both testified that Kilpatrick shoved White, knocking him into Kinney during a confrontation.
"The defendant charged at me," White testified. "He grabbed me with both hands around my shoulders and he threw me."
White said Kilpatrick pushed him into Kinney, and his reaction was a state of shock and "complete disbelief."
"I could not believe that this just happened," White testified.
Nor could Kinney: "I was in shock. I just couldn't believe it."
But during the hearing, defense attorneys had each witness describe second-by-second details about the porch: Where were they? Which way did the mayor allegedly push White? How long were they there? And why, in the moments after the incident, was one of the investigators allegedly joking about it?
Kinney said she was to the left of White as he stood at the door; White said she was right behind him. They also differed on how the mayor allegedly touched White. Kinney said he grabbed White's right arm; White said the mayor "threw" him after grabbing hold of both arms.
The questions made it clear that the defense intends to challenge nearly every aspect of the testimony of White and Kinney, from the directions they were facing to how long it took them to drive from the scene back to their office. Whether the differences will amount to an acquittal will be left to jurors.
"You really cannot predict what is going to be the tipping point for a jury," said Gary Wilson, a former Wayne County prosecutor who is now in private practice. "That's always the difficult part going into a trial."But Wilson said jurors are forgiving when testimony differs in small ways, like where the officers were on the porch.
Perhaps the most direct conflict came when White insisted, under cross-examination by Thomas, that the man who answered the door at the home where the alleged assault occurred never identified himself as a relative of Bobby Ferguson, who is a friend of the mayor.
If Daniel Ferguson had done so, White testified, he would have given Ferguson his card and asked him to give it to Bobby Ferguson, and then he would have left the porch. White said Daniel Ferguson never got a chance to say what his connection was to Bobby Ferguson before a cursing Kilpatrick stormed to the front door and assaulted him.
But earlier Friday, Kinney testified that Daniel Ferguson did in fact tell them that "he was Bobby Ferguson's brother."
Ayanna Kilpatrick is married to Daniel Ferguson. He is a relative -- sometimes described as a brother and sometimes as a cousin -- of Bobby Ferguson, a close friend of the mayor who is a controversial figure because of his own brushes with the law and because his companies have received tens of millions of dollars in city contracts during Kilpatrick's tenure.
'Fondling' comment attacked
White came under withering attack from Thomas, who played recordings of conversations between him and a dispatcher in an attempt to say the incident didn't amount to an assault. On the tapes, White asks to change the "header" on an incident report from miscellaneous to "assault against a police officer."
White jokes about adding a charge of "fondling" against the mayor and later suggests "manhandled." He likened the incident to having your hands in your pockets and getting "sucker-punched."
But he also tells the sergeant on the other end of the conversation he wasn't serious about the fondling charge.
To Thomas, the brief exchange showed that White didn't believe an assault had occurred. Thomas also played another tape in which a dispatcher asks White if the incident would be "newsworthy." White gave an answer that was partly inaudible.
He denied a suggestion from Thomas that he said: "This is as good as it gets."
"When I was asked if this was newsworthy, I was very hesitant," White testified. "I just said, 'Well, yeah.' ,"
White said he made the fondling comment because he was under severe stress. "My way of alleviating stress is to make light of certain things and to make a joke," he said.
Thomas offered a different theory: "May I suggest the reason you were joking about it was because you were not feeling stress?"
White did not respond.
Tapes spark lively debate
The tapes sparked a spirited debate before the testimony, when Baker lashed out at Thomas for holding a press conference on Thursday at which he played the tape that included the "fondling" reference. He said the release violated ethics laws and would have a chilling effect on potential witnesses who would fear coming forward.
"Here's an example of what a witness can expect: to be pilloried in the press," Baker said.
Thomas defended his right to release the tape and suggested that he was being attacked for having a press conference.
Giles said he would review the matter.
During their cross examinations and after the hearing, Thomas and Parkman both asserted the visit to Ayanna Kilpatrick's home was part of a setup. They questioned why Kinney and White decided to stop at the home and openly suggested that they were there to harass the mayor.
"And he wasn't out there for the reason that he said he was," Thomas said.
"He's out there and it's for a reason that different than he projects."
Thomas, however, could not say when the "setup" began or explain who was behind it.
Baker dismissed Thomas' suggestion and said the case is about the mayor, his shove and the proof that he intended to interfere with White and Kinney.
"The defense is swinging wild when it tries to attack it," he said.
Some defense attorneys suggested talk of a setup may be part of a defense strategy to convince at least one juror that regardless of whether the mayor bumped White, he shouldn't be convicted, holding out for a hung jury.
In the end, Giles said there was enough evidence that probable cause had been shown that the elements of the crime had been met: That Kilpatrick knew White and Kinney were officers and that he intentionally interfered with them.
Papers' motion
Lawyers for The Detroit News and the Detroit Free Press want a judge to order Mayor Kwame Kilpatrick to answer questions under oath by the end of the month in connection with a public records lawsuit the newspapers filed against the city.
In a motion filed Friday in Wayne County Circuit Court, lawyers for the two newspapers also asked Judge Robert J. Colombo Jr. to order the city to provide immediate responses to their requests for information about city pager contracts and related matters.
The newspapers are suing under Michigan's Freedom of Information Act for all records related to the city's $8.4 million settlement in 2007 of two whistle-blower lawsuits brought by three former police officers.
Who is Kimberly McConnell?
The intrigue over a potential witness grew on Friday when banter over Kimberly McConnell included a reference to Tamara Greene, the former stripper who was killed 2003. Unsubstantiated rumors have suggested her death is related to a rumored party at the Manoogian Mansion in 2002. According to attorneys in the assault case, McConnell has expressed fear that she doesn't want to "end up like that other girl," a reference to Greene. Prosecutors have not said how McConnell is tied to the case and what she may testify about.
Special assistant attorney general Doug Baker said before Friday's hearing that she may testify but he did not call her to the stand.
What's next:
Monday: Wayne County Circuit Judge Robert Ziolkowski decides on legality of forfeiture proceedings to remove Mayor Kwame Kilpatrick from office.
Tuesday: City Council starts forfeiture hearings, if authorized.
Friday: Arraignment for Kilpatrick in Wayne County Circuit Court on charges of assault filed by Michigan Attorney General Mike Cox. Kilpatrick is accused of assaulting two investigators on his sister's porch while they tried to serve a subpoena. The mayor's bond, his GPS tether and travel to the Democratic National Convention could be the big issues.
Sept. 3: Gov. Jennifer Granholm begins hearings on City Council's request for her to remove Kilpatrick from office.
Sept. 4: Wayne County Circuit Judge Margie Braxton will meet with Wayne County prosecutors and lawyers for Kilpatrick and Beatty in the perjury case to schedule pretrial actions, such as evidentiary hearings, where the defense is expected to fight against the admission of text messages.
Caption:
Carlita Kilpatrick wipes the brow of her husband, Mayor Kwame Kilpatrick, during a break at the preliminary hearing Friday in district court.
Kilpatrick rolled his sock over the electronic tether attached to his ankle.
Sheriff's Detective Brian White re-enacts the alleged assault Friday before Mayor Kwame Kilpatrick and his attorney, James Parkman III.
Kilpatrick to stand trial on assault charges
Crain's Detroit Business
August 18, 2008
Judge Ronald Giles of 36th District Court ruled Friday that there's enough evidence for Mayor Kwame Kilpatrick to stand trial on two felony assault charges stemming from a confrontation with two investigators, the Associated Press reported.
The investigators testified that Kilpatrick shoved one of them into the other, cursed and made racial remarks while they were trying to deliver a subpoena in the mayor's perjury case to a Kilpatrick friend last month.
The judge said there was no question the mayor knew that Wayne County sheriff's Detective Brian White and county prosecutor's investigator JoAnn Kinney were there on official business.
An audiotape in which White apparently jokes about his assault at the hands of the mayor was played during the preliminary examination.
Also:
* Mayer Morganroth, attorney for former mayoral Chief of Staff Christine Beatty, said Thursday she would testify against Kilpatrick if given immunity, the Detroit Free Press reported.
* Wayne County Circuit Court Judge Leonard Townsend, who was overseeing Kilpatrick's arraignment on perjury and other charges, on Thursday said the mayor could get rid of the electronic tether around his ankle and also attend the Democratic National Convention later this month, the AP reported. A few hours later, Judge Giles, who had originally ordered Kilpatrick to wear the tether, reinstated the tether as a condition of his release on assault charges and banned him from leaving the state.
Brent Colburn, a spokesperson for the Barack Obama campaign, said Thursday Kilpatrick would be a distraction at the convention, the AP reported.
* Also Thursday, Gov. Jennifer Granholm's legal team said she has no authority to pardon Kilpatrick because he hasn't been convicted of a crime. Granholm plans to hold a Sept. 3 hearing to decide if she should remove Kilpatrick from office, the AP reported.
* Wayne County Circuit Judge Robert Ziolkowski said he would rule today on whether the Detroit City Council can hold hearings that could lead to the ouster of Kilpatrick, the AP reported.
* Business and community leaders met with Wayne County Prosecutor Kym Worthy Aug. 6 to discuss a deal under which Kilpatrick would resign and plead guilty to some felony charges against him, the AP reported.
Compuware CEO Peter Karmanos Jr. assembled the meeting. It included NAACP Detroit Branch President Wendell Anthony and a Kilpatrick attorney.
* The Council of Baptist Pastors of Detroit and Vicinity said Tuesday that the mayor should consider stepping down, the AP reported.
* Michael Kearns, a city Fire Department lieutenant, said in an affidavit filed Monday he was present in fall 2002 as two police officers interviewed an injured Tamara Greene, who told them she had been assaulted by the mayor's wife, The Detroit News reported.
Stripper persists as rumor in a rumor
EMT's claim that Greene told cops she was not only dancer at mayor's mansion stokes legend
Detroit News
August 19, 2008
DETROIT — "Nikki" doesn't have a face. Her name is just a rumor.
She is the elusive second stripper who supposedly danced at the Manoogian Mansion party that never officially happened. And though she is more legend than flesh, her specter will not go away.
Was there more than one stripper at the rumored party thrown by Detroit Mayor Kwame Kilpatrick? Did "Nikki" suffer the same fate as exotic dancer Tamara Greene, who was murdered after the phantom bash? Did they have a friend named "Paradise," who also supposedly danced at the party?
Those questions, long pondered by police and Web surfers alike, were brought to the forefront again when an emergency medical technician last week filed an affidavit in federal court claiming a bruised Greene told police she wasn't the only dancer who was assaulted by the mayor's wife during a raunchy party at the mayoral mansion.
"I have every reason to believe there was more than one dancer at the party," said Norman Yatooma, an attorney who included the affidavit in his $150 million federal suit on behalf of Greene's survivors.
Lt. Michael Kerns, a supervisor with the Detroit Fire Department's EMT Division, claims he heard Greene tell undercover officers in fall 2002 that she "and her friend were dancing at the Manoogian Mansion and that the mayor's wife, Carlita Kilpatrick, threw a fit, hit her and the other dancer, then kicked them out of the house."
The lawsuit brought last year by Greene's son, Jonathan Bond, and his father, Ernest Flagg, accuses the mayor, his former Chief of Staff Christine Beatty, Police Chief Ella Bully-Cummings and other police officials of quashing an investigation into Greene's murder.
It's a claim that's repeatedly been denied and decried by police, city officials and Attorney General Mike Cox, who called the rumors an "urban legend."
Even so, his office is still looking into the claims. Kerns was interviewed by Cox's office on Wednesday, spokesman Rusty Hills said. Notes from that interview will be turned over to Wayne County Prosecutor Kym Worthy, Hills said.
Detroit and State Police detectives have investigated whether Greene was the only dancer at the rumored party. Each probe turned up unconfirmed reports of a second stripper, possibly named Nikki, who was murdered near Atlanta around the same time Greene was killed.
Nothing concrete was uncovered — but in both cases, the detectives looking into the rumors said their investigations were stymied by higher-ranking law enforcement officials.
Greene, 27, was killed in April 2003 while she sat in her car with her boyfriend, Eric Mitchell, in front of his Detroit home. Mitchell told police a man in a white SUV fired at them with a handgun.
Homicide Lt. Alvin Bowman, who investigated the drive-by murder, said he suspected Greene had links to "high-ranking city employees" and was killed by a Detroit police officer. A Wayne County jury awarded Bowman $200,000 last year after he filed a lawsuit claiming police officials transferred him out of the homicide section because he was investigating Greene's murder.
The legend of Greene's murder was given fresh credence Friday when Kimberly McConnell, a witness in Kilpatrick's assault case involving two court officers, was excused from testifying in court because she was afraid of the mayor, and she "didn't want to end up like Tamara Greene," said the mayor's attorney, James C. Thomas.
Kilpatrick has denied a party ever happened, and Bully-Cummings has repeatedly denied her department had anything to do with the murder. Cox asked the State Police to investigate the claims and concluded there was no party.
City officials did not respond to calls for further comment.
Investigators told The Detroit News recently they believe they know who really killed Greene: Darrett King, a convicted drug dealer who is serving time in prison for possession of a firearm. Sources told The News that King was feuding with Mitchell and that he assaulted Greene shortly before her death, and later bragged that he killed her.
But the conspiracy theory that Greene was killed by a Detroit cop because she knew too much persists, along with whispers about a second stripper named Nikki who supposedly was also shot after dancing at the mayor's party.
"The story about the second stripper is what got Bowman demoted," said his attorney, Mike Stefani. "The State Police told him they were investigating the Manoogian party, and that they had information about a second dancer who danced there who had been murdered in the Atlanta area.
"This woman supposedly was killed with a .40-caliber Glock, the same as Tamara Greene. (Bowman) asked permission to go to Atlanta to check out what the State Police told him, and that's when he was taken off the case."
According to police reports, State Police Detective Sgts. John Figurski and Mark Krebs talked in 2004 to a woman named Andrea Gary, a friend of Greene's who danced at the DéjÀ Vu club in Highland Park. Figurski asked whether she knew a stripper named Nikki. Gary said she didn't.
Gary told the detectives she'd heard there was more than one dancer at the Manoogian party.
She said she knew a waitress at the former All-Stars Club where Greene worked who knew details about the party.
During the interview, Gary phoned the waitress, a woman named Charlotte, who told her there were three strippers at the party: Greene, a dancer who used the stage name "Paradise," and a third woman who was killed in Atlanta.
"If some girls were with her at this party, (Greene) wasn't the only dancer there, right?" Figurski asked after Gary relayed what Charlotte told her. "Why wouldn't they come forward and talk to us?"
"Scared," Gary replied. "They're scared."
Investigators pursue lead in Greene case
County prosecutors and state Attorney General's Office want to interview latest witness
Detroit News
August 22, 2008
A Detroit Fire Department lieutenant who came forward after five years to say he encountered an injured Tamara Greene said he has been contacted by Wayne County prosecutors and the state Attorney General's Office to set up official interviews for his statement.
Lt. Michael J. Kearns spoke to the media Thursday about his encounter with Greene, who told him she had been beaten by the Detroit mayor's wife after dancing at Manoogian Mansion in the fall of 2002. Greene was 27 in 2003 when shot to death in a car on the city's west side.
Kearns, who has 22 years with the city, said he has nothing to gain by coming forward with his story.
"I feel bad. I feel really bad. I feel I owe the family an apology," Kearns said.
Norman Yatooma, the Birmingham lawyer who is representing Greene's family, said he has requested and is waiting for medical records on Greene from Detroit hospitals for 2002.
Mayor Kwame Kilpatrick has consistently denied that the party ever happened. Attorney General Mike Cox investigated it and dismissed it as an urban legend. However, former Deputy Chief Gary Brown and another officer successfully sued the city for $8.4 million because they alleged, among other things, that they were retaliated against because they either had knowledge of or were ready to investigate the existence of the party.
The lawsuit was filed on behalf of Greene's son, Jonathan Bond, and alleges that the Police Department deliberately dragged its feet in solving the death of the exotic dancer because of political reasons. The case seeks more than $150 million in damages.
Judge rules attorney can have access to text messages in Greene case
Detroit News
August 25, 2008
DETROIT — In a victory for the attorney representing the family of slain exotic dancer Tamara Greene and a blow to Detroit Mayor Kwame Kilpatrick, a federal judge has ruled that text messages exchanged by Kilpatrick and other city officials must be released as part of a lawsuit against the city involving the dancer's death.
U.S. District Judge Gerald Rosen held that Norman Yatooma, the attorney for Greene's family, could resubmit a request for the text messages under court evidentiary rules of discovery that would force the city of Detroit to produce the text messages.
"It is a necessary and routine incident of the rules of discovery that a court may order disclosures that a party would prefer not to make," Rosen said in a ruling Friday. "This power of compulsion encompasses such measures as are necessary to secure a party's compliance with its discovery obligations."
Greene's family is suing the mayor and other city and police officials for allegedly obstructing a police investigation into her unsolved 2003 killing.
Rosen held that provisions of the federal Stored Communications Act do not prohibit the release of the text messages if Yatooma requests them under court evidentiary rules — which require parties to disclose items in their control, including electronically stored information — instead of through a third-party subpoena.
Yatooma had subpoenaed text messages sent and received on the SkyTel pagers of Kilpatrick and other current or former city officials between 2002 and 2007. In March, the court ordered that magistrate judges would review messages obtained and determine which would be provided to Yatooma.
Kilpatrick has resisted the release of any text messages, saying they should remain private under provisions of the Stored Communications Act.
But Rosen said that interpretation would "establish ... a sweeping prohibition against civil discovery of electronic communications."
Yatooma called the ruling "enormously important."
"The city has gone through such pains to hide these text messages," he said Sunday. "It puts the greatest emphasis on how important these text messages must be."
Mayoral spokesman James Canning said in a statement: "The legal team is still in the process of reviewing the judge's ruling and once a thorough review has been completed, an appropriate course of action will be taken."
Greene's name was linked to a rumored, but unproven, party at the Manoogian Mansion, the mayor's residence.
Curt Benson, a professor at Cooley Law School in Grand Rapids, said the ruling could leave "little room to argue that relevant information should not be produced."
"The federal rules of discovery are very broad and very much for full disclosure," he said. "This information is relevant, it's not privileged, therefore it must be produced."
Benson also called the ruling "an unappealable order. The rules do not provide for an appeal in this situation. The judge's decision in this area is final."
Rosen's ruling comes after a federal appeals court decision in California that many legal observers believed would preclude courts from ordering text messages produced in civil lawsuits.
The June 18 ruling, in Quon v. Arch Wireless, said a wireless company violated the Stored Communications Act when it turned over to the city of Ontario texts sent and received by city employees who were users of the service.
On March 24, Wayne County Prosecutor Kym Worthy charged Kilpatrick and former Chief of Staff Christine Beatty with conspiracy, obstruction of justice, perjury and official misconduct in a case related to a whistle-blower trial last year.
Worthy's investigation began after pager text messages published in January pointed to a sexual relationship between Kilpatrick and Beatty, and possible perjury about the nature of their relationship and circumstances surrounding the removal of Deputy Police Chief Gary Brown when they both testified in the civil case.
Other records released as a result of a lawsuit by The Detroit News and Detroit Free Press show Kilpatrick and Beatty signed a secret deal to keep the text messages under wraps as part of the city's $8.4 million whistle-blower settlement.
Ex-lawyer for mayor sues for unpaid fees
Moffitt says he's owed $80K
Detroit News
August 28, 2008
DETROIT — William B. Moffitt, an attorney from Alexandria, Va., who represented Mayor Kwame Kilpatrick early in his effort to shield damaging text messages and at one point took possession of them, sued the mayor Wednesday for $80,000 in unpaid legal fees.
In another sign of cracks among the mayor's high-powered team of attorneys, Moffitt said he "feels used" and other attorneys for the mayor — including James C. Thomas and James C. Parkman III — have "stolen" his work on the mayor's perjury case. The lawsuit was filed Wednesday in Wayne County Circuit Court.
"Much of the work I did has been cited in the news by his new lawyers, and I find that a bit offensive to me," Moffitt said. "It's like they converted my work. That is troubling. We felt it had to be resolved by a lawsuit.
"I have been treated abominably. They don't have the right to steal what I have done."
Two representatives for the mayor's legal team, Marcus Reese and Judy Smith, declined to comment. Thomas did not return phone calls.
The lawsuit comes two weeks after Parkman was let go in the case and about a month after IRS filings indicated the mayor's legal defense fund had raised $180,000 since April but had already spent $165,000.
Moffitt declined to talk in detail about the nature of his work for Kilpatrick and whether he still has the text messages that threaten to bring down the mayor. But documents attached to the suit shed light on the inner-workings of the mayor's legal team.
Kilpatrick met with Moffitt and paid him a $20,000 retainer in mid-February, after the texts surfaced indicating the mayor lied during a police whistle-blower trial. Moffitt was let go a few weeks before Wayne County Prosecutor Kym Worthy charged Kilpatrick with felonies on March 24.
After Kilpatrick terminated Moffitt on March 9 in a terse letter — written on city of Detroit letterhead — he asked the invoice be given to Smith, a public relations expert. In just five weeks, the mayor had racked up $99,000 in legal bills from Moffitt's firm alone, according to exhibits that are part of the case file.
The letter also instructed Moffitt to forward seven boxes of files to newly hired Kilpatrick attorney Dan Webb of Chicago.
Reputation is well known
Moffitt is one of the nation's best-known defense attorneys. A former president of the National Association of Criminal Defense Attorneys, he has defended William Aramony, the former head of United Way who was indicted for embezzlement; one-time presidential candidate Lyndon LaRouche; and Sami Al-Arian, an ex-University of South Florida professor, and three co-defendants charged with raising money to support terrorism in Israel.
Moffitt stressed he is a prominent African-American lawyer and was hired for his national reputation.
"I don't know why I would be the one to be selected not to be paid," he said.
Moffitt's representation of Kilpatrick — at a rate of $550 an hour — didn't come to light until this summer in a deposition of William Mitchell III, a Southfield attorney also representing Kilpatrick.
Mitchell, who was deposed in July in a Freedom of Information Act lawsuit by The Detroit News and Free Press, said he got the messages back from Kilpatrick and delivered them to Moffitt sometime before the mayor was charged in late March. Per an agreement with police lawyer Michael Stefani as part of the $8.4 million settlement, Mitchell said he retrieved the messages from a bank safety deposit box and brought them to the mayor.
Moffitt's lawsuit has been assigned to Judge Robert Colombo, the same judge who is handling the newspapers' lawsuit and released some of the text messages.
Kilpatrick was referred to Moffitt by Southfield attorney Mayer Morganroth, who at the time had been hired to help defend the city in the lawsuit filed by the family of slain exotic dancer Tamara Greene. Her family alleges the city failed to investigate her 2003 homicide because the results could be embarrassing to the mayor. At one point, Moffitt was going to file something in the Greene case, Morganroth said, but he wouldn't be more specific.
"Bill is one of the best lawyers there is," said Morganroth, who first met Moffitt when the two were involved in the defense of LaRouche.
Asked why Kilpatrick terminated him, Moffitt said, "There are a lot of reasons why. Some involved confidential communication between Webb and I and Kilpatrick and I that I can't talk about."
Moffitt would not say whether he still has the text messages or expound specifically on his role as Kilpatrick's attorney, citing attorney-client privilege, but alluded to work he did that was never filed in court.
"It's work that we did at the behest of Mr. Kilpatrick that I can't talk about because it was never filed," Moffitt said.
"It's never been made public."
Moffitt said he was asked to do something that was time-sensitive and "innovative" that required him to drop all of his other cases for a time and work strictly on Kilpatrick's case, along with two of his associates.
In his billing to Kilpatrick, Moffitt wrote he was researching a complaint and temporary restraining order.
Moffitt worked on filing
In the lawsuit, Moffitt said he was so close to filing the legal pleadings that he had an airline ticket to Detroit along with hotel reservations, but Kilpatrick called him off the filing at the last minute.
Last week, Kilpatrick announced that he had hired three new attorneys: Juan Mateo, Gerald Evelyn and Todd Flood.
Moffitt said he has become even more offended after seeing Kilpatrick hired the three new attorneys and still refused to pay him.
Moffitt said he had been negotiating the remaining bill through Thomas.
A couple of months ago, Kilpatrick's camp made a low offer to settle the outstanding bill, but Moffitt said he hasn't heard back since.
He said Thomas has cut off contact with Moffitt's Washington, D.C., attorney, Anthony Rachal III.
The lawsuit was filed by Moffitt's local attorney, David Christensen, and Rachal.
Moffitt declined to critique the job the mayor's current attorneys have done but said problems sometimes emerge when too many lawyers are involved without a clear leader.
"He needs somebody to take control of his defense," Moffitt said.
"It becomes incredibly difficult when you have so many cooks in the broth."
Mayor issued $315K in contracts since text scandal
Detroit News
August 28, 2008
DETROIT -- The Auditor General has found that Mayor Kwame Kilpatrick's administration has initiated $315,500 in legal contracts since the settlement of the police whistle-blowers lawsuits, none which have been approved by the City Council.
The contracts were in part to hire legal counsel for city lawyers now in trouble with the Attorney Grievance Commission and to fight a Freedom of Information lawsuit. They also included the price of representing city employees called before the City Council for its investigation into the controversial $8.4 million settlement and the law department's hiring of two attorneys who successfully fought the council's forfeiture process.
None of the contracts have been approved by the City Council, which the auditor general suggests may make some of the contracts invalid because work has already started. Some may not have needed approval because they were initiated before the council changed requirements that all legal contracts, even those below $25,000, needed council approval.
The auditor warned that "failure to follow the contract language weakens oversight of the contract and erodes City Council control over City finances."
According to a four-page memo given to the City Council on Thursday:
The administration wants to pay Robert Sedler and Godfrey Dillard, the two lawyers who got a judge to scuttle the council's forfeiture hearing to oust the mayor, $75,000 each.
A $7,500 contract was given to attorney James Alle to represent Sharon McPhail, the mayor's general council, after the City Council issued her a subpoena in their April hearings on the whistle-blower cases.
The law firm of Morganroth and Morganroth, which now represents the mayor's former chief of staff, Christine Beatty, in her criminal case, was given a check for $24,950 before they even began any work. The city has never received any itemized list of services or an invoice. The firm currently represents Beatty in a lawsuit filed by the family of slain stripper Tamara Greene. Greene's family is alleging the city never properly investigated the slaying because it could be embarrassing to the mayor.
Kilpatrick and Beatty were charged March 24 with perjury, conspiracy, misconduct in office, and obstruction of justice. The felonies carry a maximum sentence of 15 years. Kilpatrick and Beatty are accused of lying under oath to cover an affair and the firing of a deputy police chief, and misleading the City Council into an $8.4 million settlement with a secret side agreement to hide the text messages.
Talks continue for Kilpatrick plea deal
Crain's Detroit Business
September 1, 2008
At press time Friday, Mayor Kwame Kilpatrick was still in office, but various news outlets reported that negotiations for a plea agreement were taking place.
Dan Webb, chief lawyer for Kilpatrick, refused to discuss specifics of the negotiations, but had recently said the main sticking point was over jail time for Kilpatrick.
Kilpatrick rejected on Wednesday a deal that would have had him plead guilty to one felony and serve four to six months in jail, The Detroit News reported.
Kilpatrick faces eight perjury charges by Prosecutor Kym Worthy and two counts of felony assault from Attorney General Mike Cox.
Gov. Jennifer Granholm is to begin hearings in Detroit Wednesday on whether to remove Kilpatrick from office at the request of the Detroit City Council. Wayne County Circuit Court Judge Robert Ziolkowski said Friday he would rule Tuesday on whether to suspend Granholm's hearings at the request of Kilpatrick's lawyers, the AP reported.
Also:
* Loren Monroe, Detroit's auditor general, said Kilpatrick has initiated at least $335,000 in legal contracts since the settlement of the $8.4 million police whistle-blower lawsuit, all without City Council approval, The News reported.
* U.S. District Court Judge Gerald Rosen ruled that text messages exchanged by Kilpatrick and other city officials must be released as part of a lawsuit against the city involving the death of exotic dancer Tamara Greene, The News reported. Greene is alleged to have danced at a long-rumored, unproven party at the Manoogian Mansion.
* Roger Penske said Friday Kilpatrick should step down, the AP reported.
Detroit Mayor Kwame Kilpatrick: Text message scandal unravels
Detroit Free Press
Sept 05, 2008
Bringing an end to Detroit's eight-month drama, Mayor Kwame Kilpatrick accepted a plea deal that will force his resignation and a four-month jail sentence. Retrace the milestones that led us to this historic event.
Mayor's legal woes persist
Corruption probe continues; Kilpatrick part of stripper suit
Detroit News
September 5, 2008
DETROIT -- The plea deal announced Thursday to settle perjury and other felony charges against Detroit Mayor Kwame Kilpatrick does not automatically resolve all of the mayor's legal woes.
A federal investigation of alleged City Hall corruption in which Kilpatrick's father, Bernard N. Kilpatrick, and certain close associates of the mayor are under scrutiny remains a wild card and a likely worry for the mayor, despite the plea deal that includes Kilpatrick's resignation.
The mayor also faces the potential for liability in various civil proceedings. For example, Kwame Kilpatrick is named as a defendant in a federal lawsuit brought by the family of slain exotic dancer Tamara Greene and could potentially face personal liability in that case, said Norman Yatooma, a lawyer for the dancer's family. On Thursday at a status conference in the case, it was determined that federal magistrates should be able to scrutinize by Sept. 20 all city text messages sent early in the 2003 morning that Greene was killed, Yatooma said.
A wide-ranging FBI investigation that dates back more than three years has included wiretaps of the mayor's father and scrutiny of political advisers, persons familiar with the investigation said.
Acting U.S. Attorney Terrence Berg declined to comment on Kilpatrick's resignation and how it could affect the City Hall probe.
Peter Henning, a law professor at Wayne State University, said the resignation of a public official is a factor federal investigators weigh, but he does not believe the FBI and the U.S. Attorney's Office in Detroit will halt their probe.
"They're going to continue to move forward to see what role, if any, he has in any possible corruption," Henning said. "It's not clear where the mayor stands in that investigation."
A key part of the federal investigation, sources said, is more than $100,000 in payments made by contractors to Maestro Associates, a business consulting firm headed by Bernard Kilpatrick. Legal experts have said authorities would not likely be able to show Bernard Kilpatrick did anything illegal in accepting payments from contractors seeking city work unless they could show the mayor was somehow a party to the transactions.
James C. Thomas, a Detroit attorney who defended the mayor on felony charges, recently said he is not aware of a federal investigation involving the mayor.
Tale of two Kwames
Metro Times
Sept 10, 2008
The facts behind this tragic comic
When Metro Times profiled mayoral candidate Kwame Kilpatrick way back in October of 2001, he told us the same thing he'd recounted for others while out on the campaign trail: A sign from God had convinced him to seek the job.
Kilpatrick, just 31 years old at the time, described going to the basement of his two-story home in Detroit's Russell Woods neighborhood and opening his Bible. His eyes immediately fell upon the book of Samuel and the story of how a 30-year-old David became king and united the 12 tribes of Israel.
"That day, I decided to do what God wants me to do, instead of making excuses," Kilpatrick said.
At that point, the mayor-to-be was already a political wunderkind, born with politics in his blood. His mother would go on to become a U.S. congresswoman. And his father, after serving on the Wayne County Board of Commissioners, became a top aide to the late Ed McNamara, the county executive who controlled the levers of a storied Democratic political machine. After a stint in the state Legislature — winning a seat previously held by his mother and eventually becoming the first African-American chosen as the House Democratic leader — the former college football star, schoolteacher and lawyer rolled over veteran politico Gil Hill to win the job of mayor.
In a town where pastors can play a powerful political role, it never hurts to be seen as "God's guy." But we saw a cautionary note in Kilpatrick's self-serving Bible story, pointing out that one of the possible lessons to be gleaned from the story of David involves the troubles arrogance can cause for youthful leaders, and the pitfalls that may await for the chosen who stray from the Lord's path. Note was made of the problems caused by David's extramarital pursuit of Bathsheba.
It proved to be prophetic.
The party
The young mayor took office in January of 2002, and before long was being described as a rising star to watch in the universe of Democratic politics. Almost as quickly, the black hole of a rumor surfaced.
The party that officially never occurred is rumored to have taken place during the autumn of 2002 at the Manoogian Mansion. At that time, the mayoral residence was still being renovated to accommodate the young first family and remained unoccupied.
The persistent story is that a bachelor party was held, with strippers as entertainment. One of the performers, Tamara Greene — who performed under the name Strawberry — would later be gunned down in an unsolved murder. According to what state Attorney General Mike Cox would eventually label an "urban legend," the mayor's wife Carlita supposedly showed up at the party and attacked Greene, sending her to the hospital.
There have always been questions about the way Cox handled the investigation, especially his refusal to require either of the Kilpatricks to provide a sworn statement. Those questions have only become more pronounced as a federal lawsuit brought by Greene's teenage son has progressed. In an affidavit filed as part of that suit earlier this year, former homicide investigator Alvin Bowman alleged that higher-ups in the department deliberately sabotaged the investigation into Greene's death. In a separate lawsuit filed by Bowman, the cop claimed he was demoted for investigating the Greene murder. A jury awarded him $200,000 in that case.
In August, Michael J. Kearns — a lieutenant in the Detroit Fire Department's EMS Division — alleged in a sworn affidavit that he witnessed two Detroit police officers interview an injured Tamara Greene, and that she claimed then to have been assaulted by the mayor's wife. Kearns said he waited five years to come forward "out of fear for my career and my safety."
Double-faced king
Looking back on his career and the scandal that brought him down, there seem to have been two Kwame Kilpatricks.
There is the skilled politician whose brilliance, charisma and ability inspire intense devotion. And there is the scoundrel who plays by his own rules, living the high life on the public's dime, using his position to help feather the nests of family members and friends.
The public face is that of a devout Christian and family man. In private though, according to allegations that eventually surfaced in civil suits, he was a player, the hip-hop mayor who rolled with an entourage and enjoyed illicit trysts in places like the back room of a neighborhood barbershop.
A self-promoter to the end, Kilpatrick again trumpeted his many accomplishments on the day he pleaded guilty to two felonies and no contest to a third. The day he submitted his letter of resignation, he admitted to making mistakes, but offered no apology as he prepared to leave the mayor's office and head to jail.
"Under this administration, Detroit has become an example of progress," he said. "I am proud of the fact that we as a community have been able to accomplish so much."
He talked about the city's successful hosting of the Super Bowl in 2006, construction of the promenade that has helped transform the city's riverfront, and renovation of the historic Book-Cadillac Hotel and 75 other buildings. He spoke, too, about the massive paring of the municipal workforce to lop $100 million from the city's budget to keep Detroit solvent as revenues continued to slide.
Kilpatrick said all of this and more occurred "in spite of the worst economy the city has seen since the Great Depression."
The speech, however, ignored the numerous scandals that have plagued his administrations throughout both of his terms in office. Some of the transgressions seem minor in retrospect, such as the story of Kilpatrick's motorcycle joyriding, which involved diverting three Police Department cycles from regular use for his security team. Other stories, like the 2005 scoop from WXYZ-TV reporter Steve Wilson about the red Lincoln Navigator the city secretly provided to Carlita Kilpatrick, are particularly telling. Caught red-handed, so to speak, Kilpatrick's initial response was to lie, denying that the pricey vehicle was being used to chauffeur around his wife and children. When the evidence proved otherwise, he blamed the problem on miscommunication.
Also surfacing in 2005 was a Free Press report that revealed the mayor had racked up $210,000 on a city-issued credit card during his first 33 months in office, with taxpayers picking up the tab for "spa massages, Moet & Chandon Champagne and lavish meals."
The local media continued digging up dirt on the mayor, revealing a side to him that was in direct contrast to the God-fearing, family man image he fostered. There was the refusal of Washington, D.C., police to provide security for the Detroit mayor as he partied at clubs in the nation's capital. Particularly damning were sworn allegations made by former mayoral bodyguard Walt Harris, who accused the mayor of meeting women for secret trysts. While on the job protecting the mayor, Harris recounted during testimony, there was one incident where a woman came down from her apartment wearing a fur coat with nothing underneath as she met with the mayor late one night. The police officer also described the mayor having a clandestine meeting with then-Chief of Staff Christine Beatty in a hotel room while the two were out of town on city business.
Harris, who resigned from the department and moved out of state, would eventually obtain a $400,000 settlement from the city in a whistle-blower lawsuit.
Kilpatrick's typical response to such allegations was to deny, deny, deny as long as he could, casting aspersions on his accusers. He also blamed the media for his problems, at one point accusing news outlets of being "demonic" as they reported titillating charges just to boost ratings and circulation.
And when trapped, he resorted to contrition and turned to the clergy for support. As he ran for re-election in 2005, he admitted to making some mistakes during his first term but claimed to have learned his lesson, having matured during his first term. Local clergy lined up behind him, urging voters to give the young mayor the benefit of the doubt. To the surprise of many — and with an influx of cash from some of Detroit's leading businessmen — Kilpatrick was able to stage an upset victory over challenger Freman Hendrix to win a second term.
Whistle blown
The seeds of Kilpatrick's downfall were sown in 2003 when he fired Gary Brown, the deputy chief who led the Police Department's Internal Affairs unit. In a 2004 whistle-blower lawsuit, Brown asserted that he was fired for looking into allegations of overtime abuse on the part of the mayor's security detail. Brown claimed also that he was fired because his unit was looking into the rumored Manoogian party and the alleged assault. Joining that suit was Harold Nelthrope, a former member of the executive protection unit who claimed he was harassed for bringing the allegations to the attention of Internal Affairs.
Kilpatrick certainly had reason to fear an investigation would lead to claims he used police bodyguards to help facilitate his philandering.
True to form, Kilpatrick strenuously denied the allegations, claiming his accusers were simply looking to get a big payout from the city.
The case finally went to trial in 2007, with a Wayne County jury unanimously finding in favor of the officers, awarding them more than $6.5 million. Kilpatrick — intimating that the city lost because the jury was mostly white — initially vowed to appeal the decision, then suddenly reversed course and signed off on an $8.4 million settlement — including $400,000 to end a second suit filed by Harris.
"Since the verdict, I've listened to pastors, [business] leaders and so many Detroiters who genuinely love and care about me and this city," Kilpatrick said at the time. "I've humbly concluded that a settlement in the civil cases involving the three former officers is the correct decision for my family and the entire Detroit community."
But, as it turned out, he was lying again. The real reason for the settlement was that Mike Stefani, the attorney for the cops, had obtained text messages reportedly indicating that Kilpatrick and Beatty had lied under oath — both about their affair, and the claim that they had not actually been involved in the firing of Brown.
Everything began to unravel for the mayor in February, when the Free Press — having obtained those text messages through a source that has yet to be revealed — published excerpts of the messages exchanged between the mayor and his chief of staff, who quickly resigned once the embarrassing information was made public.
After months of legal wrangling — and following new charges that Kilpatrick assaulted two officers from the Prosecutor's Office as they attempted to serve a subpoena — Kilpatrick finally pleaded guilty last week as Gov. Jennifer Granholm began hearings that could have led to her removing the mayor from office.
To the end, though, Kilpatrick remained defiant, vowing that he'd rise once again, saying that novelist F. Scott Fitzgerald — at least as it applies in the case of this particular mayor — got it wrong when he wrote that there are no second acts in American lives. As Kilpatrick explained, Fitzgerald wasn't from Detroit, a city where rebirth is part of its fabric.
Even with jail looming, and then five years of probation to follow, Kilpatrick — with his wife looking on adoringly — vowed that he would not be gone from the city's political scene forever.
"I want to tell you, Detroit, that you done set me up for a comeback. God bless you."
Auditor tells council he can't finish audit of Kilpatrick's spending
Detroit News
September 12, 2008
DETROIT – Auditor General Loren Monroe said he will be unable to complete a top-to-bottom review of the spending accounts controlled by Mayor Kwame Kilpatrick because not enough information was supplied and that his staff appears unable to interview key personnel.
"Did it meet the shredding machine or what?" asked Councilman Kwame Kenyatta, who is head of the Internal Operations Standing Committee.
In addition, the committee refused to act on four contracts to provide legal services to Corporation Counsel John E. Johnson and assistant corporation counsel Ellen Ha related to the text-message scandal and investigations into their behavior by the Attorney Grievance Commission.
The contracts are worth $90,000.
The committee also did not act on a $60,000 contract with Morganroth & Morganroth to represent the mayor's former chief of staff, Christine Beatty, in the lawsuit filed against the city by the family of slain dancer Tamara Greene.
As for the audit, Monroe said he is still trying to get the information, but given the resignation of Kilpatrick and the departure of his staff, it is questionable if the missing documents would be obtained.
Still, Monroe said he is preparing a final report on the spending, although it could not technically be called an "audit."
The audit, ordered by Kenyatta, was to examine petty cash accounts, assets in the mayor's office, the hiring of personnel, payroll, vehicles and all spending in Kilpatrick's office and at the Manoogian Mansion.
The spending of the out-going mayor has come under fire repeatedly with city money being spent on everything ranging from limo rides to expensive fountains at the Manoogian Mansion to travel to Las Vegas and Europe.
However Kerwin Wimberley, the mayor's liaison to City Council, said it's unfair to say Kilpatrick's staff has been unresponsive.
"I don't want it to be played across the airwaves that we weren't participating or forthright in providing the information when we were," he said.
One problem auditors have is that the employees who have to be interviewed are expected to stop working for the city in a few weeks.
Councilwoman Martha Reeves some of the answer or records could come from other departments, such as finance, payroll and purchasing.
Auditors had spent several months on their report.
Plea deal talks for Beatty stall
Prosecutor, lawyers for Kwame Kilpatrick's former chief of staff to meet Monday to try to negotiate agreement
Detroit News
September 12, 2008
DETROIT — The stakes are getting higher for Christine Beatty after Wayne County Prosecutor Kym Worthy withdrew a plea deal and talks between the prosecutor and Beatty's lawyers stalled Thursday.
"The ball really is in her lawyer's (Mayer Morganroth's) court," said attorney Ben Gonek. "If he wants to resolve the case, he needs to approach the prosecutor now. That's his obligation. A prosecutor can't force someone to plead guilty. That person has to be willing to resolve the case without a trial, and that's where all those text messages will come out."
Wayne Circuit Judge David Groner said the sides negotiated for more than an hour Thursday and agreed to meet again in his courtroom on Monday in hopes of getting a deal done.
The prosecutor has refused to disclose the terms of the deal offered to Mayor Kwame Kilpatrick's former chief of staff in a letter hand-delivered to her lawyers on Sept. 2. What is known is that it included a demand that Beatty should serve jail time, pay restitution to the city and spend a lengthy term on probation.
Kilpatrick pleaded guilty last week under terms of a plea deal that will result in a 120-day jail term, $1 million in restitution, his resignation as mayor and five years of probation during which he is barred from running for elected office.
In a statement issued by her office late Thursday, Worthy said, "It was made clear to defendant Beatty that the offer we made to her is withdrawn as of today. We are ready to proceed. We will return to court on Monday as directed by the judge."
Morganroth had said earlier this week that he was prepared to go to trial, but on Wednesday, he indicated he'd like to see a resolution soon.
"I'd like to see her get on with her life," Morganroth said.
Kilpatrick and Beatty were charged in March with lying under oath during a police whistle-blower trial to hide an affair and their firing of a high-ranking police official, who was investigating a long-rumored, but never substantiated, party at the mayor's Manoogian mansion. Text messages sent to and from Kilpatrick, Beatty and others on city-owned pagers were obtained by the police officers' lawyer that allegedly reveals the lies. Keeping them secret was the objective of a side deal made within the $8.4 million settlement with the officers and kept from Detroit's City Council and the public.
When Kilpatrick pleaded guilty last week, he admitted in court, "I lied." Now, Beatty faces the charges alone, and Kilpatrick could be called as a witness against her.
"I think (Morganroth) has put his client in a very tenuous position," said Gary M. Wilson, a former Wayne County assistant prosecutor. "Obviously, anything she can offer now is almost useless unless it involves the Tamara Greene case, or wrongdoing by other city officials, or maybe EPU members who were involved in illegal stuff. But I don't think she has a whole lot she'd be willing to offer.
"It's the old game: You rat somebody out and it helps you in your plea deal. In my opinion, there's probably a lot she could offer, but I don't think she will. My opinion is that she's still tied to the mayor. This whole thing about him abandoning her — what else could he do publicly? But I think they've got guns drawn on each other, and neither one of them wants to pull the trigger."
Jail time and restitution are key elements Worthy has insisted on in any plea deal. But Robert S. Harrison, a criminal defense specialist and former assistant Wayne County prosecutor, said it appeared Beatty's lawyers may have taken a calculated risk.
"It can be beneficial in a high-profile case to let the dust settle, to let the publicity die down before you do a plea, but in this case, her lawyers also might make a dangerous roll of the dice," Harrison said of a possible strategy of waiting for a sympathetic judge to be assigned if no plea deal is reached.
"Pulling the right trial judge (in a blind draw if no plea is made) might be to her advantage," Harrison said. "Depending on who it is, that judge might be willing to take a plea later that could avoid jail time."
He said some judges might allow Beatty to plead no contest to all seven of the felony charges she faces. Although the charges of perjury and obstruction of justice call for sentences of up to 15 years, with her previously clean record she might get a light sentence, such as probation. A no contest plea also wouldn't require Beatty to make any admissions on the record and could protect her from liability for restitution or lawsuits.
"You've got to assume that the plea offer to Beatty must include at least the same elements as the one the mayor took," said Harrison. "If she has been offered a deal that requires 90 days in jail and some six-figure restitution, it's better than the mayor's deal, but maybe they are willing to take the chance on an even better deal if they get the right judge."
One of her former relatives said she was warned.
"If I could talk to her, I'd give her the same advice I gave her back in February, which was to get another lawyer and try to get herself a deal," said Christopher Beatty, her ex-husband Lou's uncle. "I guess they're finally in negotiations, but it's a tad bit late. She would have come out better if she had negotiated earlier on. Now, she found out that she got betrayed by the mayor."
What's next
On Monday, Wayne Circuit Judge David Groner is expected to either hear a plea deal from Christine Beatty's attorney and set a date for sentencing under terms of the negotiated plea bargain, or set a date for trial. If no deal is reached, and Groner sets a trial date, another circuit judge would then be selected at random to preside over the case. The earliest a trial likely would be scheduled is mid-December.
The charges:
Count 1: Conspiracy to obstruct justice. Punishable by a maximum of five years in prison.
Count 2: Obstruction of justice (five years)
Count 3: Misconduct in office (five years)
(Counts 4-6 pertain only to Mayor Kwame Kilpatrick)
Count 7: Perjury (15 years)
Count 8: Perjury (15 years)
(Counts 9 and 10 pertain only to Kilpatrick)
Count 11: Perjury (15 years)
Count 12: Perjury (15 years)
SkyTel Gives Messages To Detroit Judges
Messages Come From City Officials' Pagers On Day Greene Died
Click On Detroit
September 19, 2008
DETROIT – SkyTel Paging delivered thousands of text messages in the form of CDs to federal judges in Detroit on Friday, Local 4 has learned.
The messages come from city-issued pagers on the day exotic dancer Tamara Greene died -- April 30, 2003. It was also on the day that a memo came out from then Police Internal Affairs Chief Gary Brown about the rumored Manoogian Mansion party.
Greene's son, Johnathan Bond, filed a lawsuit alleging former Mayor Kwame Kilpatrick and members of the city's police department tried to block the investigation into Greene's death.
Bond's attorney, Norman Yatooma, asked Judge Gerald Rosen to preserve the text messages and e-mails of 34 city employees.
Rosen ordered the city to give up its records so SkyTel could send the text messages from every city-issued pager in the hours before, during and after Greene was attacked and slain.
"In the four months of text messages from only Christine Beatty, we've seen evidence of the affair, we've seen evidence of the wrongful termination of Gary Brown, we've seen evidence of the cover-up of that termination," said Yatooma.
Yatooma said if city officials were sending messages about Greene?s death, his case will be far from over.
"If we find anything at all, I imagine it will be quite telling," he said.
Judges will go through the messages, and their findings will be given to attorneys. Any evidence of a crime committed will go to the FBI.
SkyTel turns over messages to court
Family of dancer Tamara Greene seeks information on her slaying they think could be on the city pagers
Detroit News
September 20, 2008
DETROIT — Pager text messages sent and received by city and police employees on the day of the killing of an exotic dancer rumored to have performed at a party at the Manoogian Mansion were delivered to the federal courthouse in Detroit on Friday, SkyTel Corp. said in a court filing.
U.S. magistrate judges will now pore through the text messages, and any deemed relevant to the killing of dancer Tamara Greene likely will become public as part of a federal lawsuit brought on behalf of Greene's three children.
Under an order issued by U.S. District Judge Gerald E. Rosen, SkyTel had until today to provide the court with text messages, sent and received on city-issued SkyTel pagers.
Greene, said to have performed at a long-rumored but never substantiated party at the mayor's official residence in the fall of 2002, was killed in a drive-by shooting on April 30, 2003, while sitting in a vehicle outside her home.
Greene's family is suing the city of Detroit, former Mayor Kwame Kilpatrick, his former chief of staff Christine Beatty, and numerous top police officials, alleging they obstructed the investigation into Greene's unsolved killing for political reasons.
Thomas Plunkett, an attorney representing SkyTel, said the pager company sent three computer disks containing the text messages to his Birmingham law offices. "They are being delivered to the court this afternoon," Plunkett said Friday. A court filing late Friday said the disks had been delivered.
The mayor and the other defendants have denied the lawsuit allegations. Mayer Morganroth, a lawyer for Beatty, has predicted the text messages will not contain anything relevant to Greene's killing or the federal lawsuit.
Also, Norman Yatooma, the attorney representing Greene's family, sent a much more extensive text message request to the city on Thursday. Yatooma said Friday he is seeking a broad range of text messages sent and received by Kilpatrick, Beatty, top police officials, other city employees, former first lady Carlita Kilpatrick, and Bernard N. Kilpatrick, the former mayor's father.
The time periods sought for those text messages are for several months surrounding the Greene killing, around the time Greene's homicide file was transferred to cold cases, and around the time whistle-blower lawsuits were filed against the city and the mayor by former Detroit police officers.
Rosen has ordered the city to request from SkyTel the text messages sought by Yatooma. Again, magistrate judges would study them privately to determine relevance before any could be made public.
Plunkett said he did not know what volume of text messages was sent to the federal courthouse Friday, where they were filed under seal. It's not known when the magistrate judges will complete their review of the messages.
Also Friday, at a scheduling hearing related to Beatty's criminal case before Wayne Circuit Judge Timothy Kenny, Assistant Wayne County Prosecutor Robert Moran suggested Beatty should consider hiring a new lawyer because Mayer and Jeffrey Morganroth had previously represented both her and Kilpatrick in the Greene case. The former mayor, who pleaded guilty Sept. 4 to obstruction of justice charges, could be called as a witness in Beatty's criminal case, Moran said.
Jeffrey Morganroth told Kenny that Beatty already has signed a waiver acknowledging the relationship. Still, the judge had Beatty stand to answer his questions about whether she is aware of the problem.
"I understand the issue," Beatty said.
Mayer Morganroth has rejected suggestions his former representation of the mayor in the Greene case presents any conflict of interest in his representation of Beatty in both the Greene case and her criminal case.
On March 24, Wayne County Prosecutor Kym Worthy charged Kilpatrick and Beatty with conspiracy, obstruction of justice, perjury and official misconduct in a case related to a police whistle-blower trial in 2007. Worthy's investigation began after pager text messages published in January pointed to a sexual relationship between Kilpatrick and Beatty and possible perjury about the nature of their relationship and circumstances surrounding the removal of Deputy Police Chief Gary Brown when they both testified in that civil case last year.
Other records released as a result of a Freedom of Information Act lawsuit brought by The Detroit News and the Detroit Free Press show Kilpatrick and Beatty signed a secret deal to keep the text messages under wraps as part of the city's $8.4 million settlement of police whistle-blower lawsuits.
Detroit council delays action on $205k in contracts
Detroit News
September 24, 2008
DETROIT — The city council delayed action again today on six separate legal contracts worth $205,000 related to the text message scandal that brought down former Mayor Kwame Kilpatrick.
Much of the work has already been done by the attorneys, despite the city failing to get city council approval for the contracts. The council voted today to send the contracts back to a committee for further review.
Here's a breakdown of the contracts:
•$20,000 for attorney Gerald Evelyn to perform legal services on behalf of the city related to the criminal case brought by Wayne County Prosecutor Kym Worthy against Kilpatrick and his former chief of staff Christine Beatty.
•$20,000 for Evelyn to represent former Corporation Counsel John Johnson in an investigation by the Michigan Attorney Grievance Commission.
•$20,000 for the firm of Dickinson Wright to represent law department attorney Ellen Ha in an investigation by the Michigan Attorney Grievance Commission.
•$75,000 for attorney Robert Sedler, who was hired by the law department to challenge the city council's in-house removal attempt of Kilpatrick. Sedler was successful in arguing the city council didn't have the authority to boot Kilpatrick under the circumstances.
•$10,000 for Evelyn to represent Johnson in the investigative subpoenas issued by the city council for its three days of hearings in April on the whistle-blower scandal.
•$60,000 for attorney Mayer Morganroth for his legal services in the lawsuit brought against the city by the family of slain exotic dancer Tamara Greene. Greene, whose name was linked to a long-rumored party at the mayor's Manoogian Mansion in the fall of 2002, was shot to death in Detroit on April 30, 2003.
Ernest Flagg, the father of Greene's teenage son, alleges Detroit Police failed to properly investigate the killing for political reasons. Morganroth is currently just representing Beatty, on behalf of the city, in the case.
Trial list released in lawsuit over stripper's death
Morning Sun, The (Mount Pleasant - Alma, MI)
October 22, 2008
DETROIT (AP) - Former Detroit Mayor Kwame Kilpatrick, his wife, Carlita, and Michigan Attorney General Mike Cox are among dozens named as potential witnesses in a civil suit involving a stripper's slaying.
Their names appear on witness lists filed in the past week by an attorney representing Tamara Greene's children and some defendants in the federal lawsuit.
The case is expected to go to trial next year.
Greene is said to have performed at a rumored, but never proven, 2002 party at the mayor's official residence.
She was shot to death several months later.
The suit accuses Kilpatrick, his former top aide and police officials of hindering an investigation into her slaying.
They're fighting the lawsuit.
Cox investigated and determined the party was an "urban legend" and never took place.
Lawyer alleges Carlita Kilpatrick may have assaulted exotic dancer
Detroit News
October 24, 2008
DETROIT -- A lawyer representing the family of a slain exotic dancer says he wants more than a year's worth of pager text messages sent and received by former First Lady Carlita Kilpatrick because he claims there is evidence suggesting she may have assaulted the dancer, Tamara Greene, at a Manoogian Mansion party months before the stripper was killed.
Yatooma sought to justify his request for Carlita Kilpatrick's text messages in a court filing late Thursday as he produced a new affidavit in which city paramedic Cenobio Chapa says he saw an injured woman at Detroit Receiving Hospital in the fall 2002 who claimed to have been assaulted by the former first lady.
Carlita Kilpatrick could not be reached for comment Friday, but the former mayor, the city and other defendants in the case have denied the party even occurred, let alone an alleged assault on a dancer by Carlita Kilpatrick.
Greene's family is suing the city, the former mayor, and top city and police officials in federal court, alleging the investigation into Greene's unsolved drive-by shooting on April 30, 2003, was obstructed for political reasons.
U.S. Magistrate Judge Steven Whalen, whose job it is to sift through pager text messages turned over to the court in the case and determine if any of them are relevant to Yatooma's lawsuit, has set a Monday hearing to help determine whether the volume of text messages Yatooma has requested can be reduced.
Whalen instructed Yatooma to describe what relevant evidence he expects to get for each set of text messages from 39 different city of Detroit pagers he has requested.
In his response to Whalen's order, Yatooma said he wanted text messages from the pager marked "First Lady" because he believes those will be messages sent and received by Carlita Kilpatrick.
"There is information to believe she assaulted Tamara Greene at the Manoogian Mansion party," and the desire to obstruct investigation into what happened at the party "was at least one of the motives in retaliating against Gary Brown and Harold Nelthrope," Yatooma said in the court filing.
Brown and Nelthrope were former Detroit Police officers who filed a whistle-blower lawsuit against the city and the former mayor. A secret deal to conceal text messages as part of the settlement of their lawsuit led to Kwame Kilpatrick pleading guilty to obstruction of justice charges in September. He is to be sentenced Tuesday and is expected to be ordered to spend 120 days in jail.
Yatooma said he also wanted text messages from a pager marked "Bernard K" because he believes those were sent and received by Bernard Kilpatrick, the father of the former mayor who is under federal investigation in connection with a city corruption investigation.
"There is information to believe he was at the party where Ms. Greene was assaulted, and that he communicated regularly about all matters with his son," Yatooma said about Bernard Kilpatrick in the court filing.
Abraham Singer, Bernard Kilpatrick's attorney, could not immediately be reached for comment.
Yatooma said in the court filing he also wanted text messages sent and received by Ajene Evans, whom he described as a city official and Kilpatrick relative.
The Birmingham lawyer said he believes Evans "had all of the parties at the Manoogian Mansion, and even had keys to it."
Text messages sought are for the period between Aug. 1, 2002, and April 17, 2004.
SkyTel has said it can provide the text messages but needs more time to compile them, because of the large volume.
Whalen has already sifted through all city text messages sent and received on the day Greene was shot to death. There is no word yet on whether he found any text messages deemed relevant to Yatooma's case.
Hearing set over text messages
Judge seeks to reduce amount requested as possible evidence by family of slain stripper
Detroit News
October 25, 2008
DETROIT — A hearing is set for federal court Monday related to the volume of city text messages sought as possible evidence in a lawsuit brought by the family of slain exotic dancer Tamara "Strawberry" Greene.
U.S. Magistrate Judge Steven Whalen is seeking to reduce the number of text messages sought by Norman Yatooma, a Birmingham lawyer representing Greene's family. Whalen also will consider a request from pager company SkyTel to have more time to produce the messages.
Greene was linked to a long-rumored but never substantiated stripper party at the mayor's official residence in the fall of 2002. Her family is suing the city, former Mayor Kwame Kilpatrick, and top city and police officials, alleging the investigation into Greene's unsolved drive-by shooting on April 30, 2003, was obstructed for political reasons.
Lawyers for the defendants have denied the allegations.
At Monday's hearing, Whalen wants Yatooma to describe what evidence he expects to get for messages from 39 different city pagers he has requested.
In a filing late Thursday, Yatooma said he wants messages sent from the pager marked "First Lady," because he alleges Kilpatrick's wife, Carlita Kilpatrick may have "assaulted Tamara Greene at the Manoogian Mansion party."
In a new affidavit in the case, city paramedic Cenobio Chapa claims he saw an injured woman at Detroit Receiving Hospital in fall 2002 who claimed to have been assaulted by the former mayor's wife. Carlita Kilpatrick could not be reached for comment.
Yatooma said he also wanted text messages from a pager marked "Bernard K" because he believes those were sent and received by Bernard Kilpatrick, the father of the former mayor.
"There is information to believe he was at the party where Ms. Greene was assaulted, and that he communicated regularly about all matters with his son," Yatooma said about Bernard Kilpatrick.
Kilpatrick spent $286K on city-issued credit card
Crain's Detroit Business
October 27, 2008
Former Detroit Mayor Kwame Kilpatrick spent at least $286,000 on his city-issued credit card since 2002, The Detroit News reported. It’s not clear if the charges were related to city business or if the city was reimbursed. Also:
* Kilpatrick, his wife, Carlita, and Michigan Attorney General Mike Cox are among potential witnesses named in a civil suit involving the slaying of Tamara Greene, the Associated Press reported.
Greene is said to have performed as a stripper at a rumored, but never proven, 2002 party at the mayor’s official residence. She was shot to death several months later.
A city paramedic, Cenobio Chapa, said in an affidavit released Thursday he saw an injured woman at Detroit Receiving Hospital in fall 2002 who claimed she had been beaten by Carlita Kilpatrick, The News reported.
* Bernard Friedman, chief federal judge in eastern Michigan, signed an order barring Kilpatrick from practicing law in federal court while his state law license is suspended.
Kilpatrick goes to jail Tuesday after pleading guilty to obstruction of justice and no contest to assaulting a sheriff’s deputy.
Judge gives SkyTel more time in Strawberry case
Detroit News
October 28, 2008
DETROIT — A federal judge on Monday extended until Nov. 19 the time SkyTel has to turn over text messages in a lawsuit brought by the family of slain exotic dancer Tamara Greene.
U.S. Magistrate Judge Steven Whalen, though expressing reservations about the volume of text messages requested, said he would not require the lawyer for Greene's family to pare down his text messages request.
Norman Yatooma, the lawyer for Greene's family, has requested text messages from 39 pager holders for nearly close to two years. SkyTel had been due to turn over the text messages this month, but its lawyer, David Plunkett, told Whalen the company needs more time.
Greene was linked to a long-rumored but never substantiated stripper party at the mayor's official residence, the Manoogian Mansion, in the fall of 2002. Her family is suing the city, former Mayor Kwame Kilpatrick and top city and police officials, alleging the investigation into Greene's unsolved drive-by shooting on April 30, 2003, was obstructed for political reasons.
The defendants have denied the allegations in court filings.
Jason Hirsch, a lawyer for defendant Christine Beatty, Kilpatrick's former chief of staff, said many of the pager holders whose text messages Yatooma requested, such as a former city budget director, have nothing to do with the case.
"At some point, we cross the line and we say they are just fishing," Hirsch said.
Detroit City Council to meet on text scandal fallout
Detroit News
November 6, 2008
DETROIT – The City Council voted today to hold several closed sessions on lingering issues related to the text message scandal that brought down former Mayor Kwame Kilpatrick.
The council will hold the closed meetings Friday. The discussions will include whether the city should settle a Freedom of Information lawsuit brought by The Detroit News and Detroit Free Press. The newspapers are suing the city of Detroit for all records related to 2007's $8.4 million settlement of two whistle-blower lawsuits brought by three former Detroit police officers.
William Goodman, the city council's attorney, has recommended the city settle that lawsuit soon. He will also discuss whether any further action should be taken in the August Wayne County Circuit Court ruling that halted the panel's in-house forfeiture of Kilpatrick.
Also, city lawyers will discuss with council members what to do about more than $200,000 in unpaid legal contracts that Kilpatrick initiated with outside attorneys in connection with the whistleblower scandal. The city council must approve the contracts for the lawyers to be paid.
Here's a breakdown of some of the pending contracts:
•$20,000 for attorney Gerald Evelyn to perform legal services on behalf of the city related to the criminal case brought by Wayne County Prosecutor Kym Worthy against Kilpatrick and his former chief of staff Christine Beatty.
•$20,000 for Evelyn to represent former Corporation Counsel John Johnson in an investigation by the Michigan Attorney Grievance Commission.
•$20,000 for the firm of Dickinson Wright to represent law department attorney Ellen Ha in an investigation by the Michigan Attorney Grievance Commission.
•$75,000 for attorney Robert Sedler, who was hired by the law department to challenge the city council's in-house removal attempt of Kilpatrick. Sedler was successful in arguing the city council didn't have the authority to boot Kilpatrick under the circumstances.
•$10,000 for Evelyn to represent Johnson in the investigative subpoenas issued by the city council for its three days of hearings in April on the whistle-blower scandal.
•$60,000 for attorney Mayer Morganroth for his legal services in the lawsuit brought against the city by the family of slain exotic dancer Tamara Greene. Greene, whose name was linked to a long-rumored party at the mayor's Manoogian Mansion in the fall of 2002, was shot to death in Detroit on April 30, 2003.
Lastly, in an unrelated lawsuit, the city council will meet in a closed session Friday to discuss several pending lawsuits from strip clubs, which have challenged the constitutionality of the city's ordinances governing adult entertainment. The city is in the process of rewriting some of the regulations to conform with a federal court ruling.
Another Dead Stripper Mystery Uncovered
Nov 9, 2008
Two pictures found in a car used by a Kwame Kilpatrick appointee lead the Problem Solvers to another unsolved murder of an exotic dancer. These pictures came to light in a Problem Solver investigation last June. Scott Lewis asked for help identifying the women and learned one of them had been murdered along with her boyfriend. He also discovered each had connections to Kwame Kilpatrick or his inner circle
Judges review text messages
Attorney for family of dancer Tamara Greene hopes texts reveal what happened on night of death
Detroit News
November 20, 2008
DETROIT -- Federal magistrate judges on Wednesday began poring through hundreds of thousands of city of Detroit text messages to see if they shed light on the 2003 shooting death of a Detroit exotic dancer.
The family of dancer Tamara "Strawberry" Greene is suing the city, former Mayor Kwame Kilpatrick, his former chief of staff Christine Beatty, former Police Chief Ella Bully-Cummings, and other top city and police officials, alleging they obstructed the investigation of Greene's killing for political reasons.
The defendants deny the charges leveled by survivors of a dancer alleged to have danced at a long-rumored party at the mayor's official residence in the fall of 2002. Witnesses who have filed affidavits in the case say an injured stripper was taken to the hospital around the time of the rumored party complaining of an assault by the former mayor's wife, Carlita Kilpatrick.
SkyTel, the city's former pager company, on Tuesday turned over to U.S. District Judge Gerald E. Rosen compact discs containing text messages sent and received by 39 pager holders over a nearly two-year period. Only text messages deemed relevant by judges who will read them in private might one day become public.
"Some of what could be in there could be earth-shattering," said Norman Yatooma, the Birmingham lawyer representing Greene's family. "I can only imagine there's going to be significant information in there if they spent a year fighting us on getting those text messages."
But Mayer Morganroth, a Southfield attorney representing Beatty, said he doubts the text messages "are going to show anything that's going to be helpful" to Yatooma's case.
SkyTel earlier sent Rosen all city text messages sent and received on April 30, 20003, the day Greene was shot to death outside her home.
The civil lawsuit, filed in 2005, is expected to go to trial next year.
More Kilpatrick text messages surface
They involve stripper's shooting death five years ago
Grand Rapids Press
November 20, 2008
DETROIT -- Text messages of Detroit's former mayor and other city officials have been turned over to a federal court in the case of a $150 million lawsuit that alleges City Hall stifled a police probe into a stripper's shooting death five years ago.
Norman Yatooma, who is representing the children of slain stripper Tamara Greene, had asked the court to force the city to release the hundreds of thousands of text messages, saying they may reveal communications about Greene on the night of her death.
The lawsuit alleges former Mayor Kwame Kilpatrick, ex-Chief of Staff Christine Beatty, recently retired Police Chief Ella Bully-Cummings and others hampered the police investigation into Greene's slaying.
Yatooma has said Greene danced at a rumored party at the Manoogian Mansion, the mayor's official residence, several months before she was killed.
Attorney General Mike Cox investigated and said he found no evidence of such a party, and Kilpatrick has repeatedly denied that such a party took place.
Greene, 27, performed under the stage name Strawberry and was gunned down in front of her Detroit home on April 30, 2003.
Kilpatrick stepped down as mayor in September and is serving a four-month jail sentence as part of a plea deal to two criminal cases.
He and Beatty were charged with perjury, misconduct and obstruction of justice in March after text messages on her city-issued pager contradicted testimony they gave in a 2007 whistle-blowers' trial.
Beatty's trial is expected to start in January.
The text messages requested by Yatooma were copied onto three CDs and delivered Tuesday by the city's former communications provider to U.S. District Court in Detroit, according to federal documents.
The messages, spanning about a 21-month period, will be reviewed by federal magistrates to determine whether any are relevant to the case, Yatooma said.
"Then, I'm sure we'll close the case," he said. "No doubt the proverbial smoking gun is in those text messages."
Attorney Mayer Morganroth, who represents Beatty, dismissed Yatooma's speculation about the messages.
"It's very interesting how he says that when he hasn't seen them," Morganroth said of Yatooma's "smoking gun" statement.
Tearful, repentant Beatty pleads guilty
Ex-mayoral aide to serve 120 days in jail, pay restitution
Detroit News
December 2, 2008
DETROIT -- For almost a year, her attorneys were defiant, saying they would get the infamous text messages thrown out of court and Christine Beatty would be vindicated by a trial.
But in the end, former Mayor Kwame Kilpatrick's chief of staff and lover decided to take the same path to jail as her boss for the well-being of her daughters.
"After many long months, I've decided that I needed to end this ordeal," Beatty said Monday, speaking publicly for the first time at a press conference hours after pleading guilty to two counts of obstruction of justice.
"In looking at the possible outcomes, I made the decision not to go through with the trial and not take a chance on being there for my daughters in the long run."
She had rejected a plea-bargain with a shorter jail term offered on the same day in September that Kilpatrick pleaded guilty. Her legal team hadn't even spoken until that morning with Wayne County Prosecutor Kym Worthy about making a deal.
But on Monday, Beatty struggled through tears in Wayne Circuit Court to read from a prepared statement: "I lied under oath."
Wayne County Circuit Judge Timothy Kenny's involvement in the background was likely the catalyst for reaching Monday's conclusion.
Kenny had both sides negotiating quietly since Sept. 20, the first day he took over the case and ordered the lawyers and prosecutors to stop talking publicly about negotiations.
Talks got serious in the days before Thanksgiving; Kenny had scheduled three days of hearings to begin Monday that would have determined whether the text messages would be used as evidence in Beatty's trial.
On Monday, Beatty's admissions ended the scandal over her efforts to hide her sexual affair with Kilpatrick and his firing of police officers to halt their probe of a long-rumored party at the Manoogian Mansion.
She'll be sentenced Jan. 5
The deal reduced Beatty's charges and called for the same 120-day jail term and five years of probation that Kilpatrick accepted. She will be sentenced on Jan. 5, the same day she had been scheduled to go on trial.
Kilpatrick will remain in the Wayne County Jail into February.
"I am extremely sorry to all of the people that were harmed in this ordeal," Beatty said, apologizing to her family, Kilpatrick's family and the city of Detroit. But she never mentioned Kilpatrick or the two ex-cops whom she lied about under oath.
During the four months she is in jail, Beatty's daughters will be cared for by a large team of family and friends, said her lawyer Mayer Morganroth. Primary care will fall to Beatty's mother and the mother of her ex-husband, Lou Beatty. Her pastor, the Rev. Ronald Griffin, and his wife also will be involved.
Margaret Raben, president of the Criminal Defense Attorneys of Michigan, said the length of time it took for Beatty to take the same route as Kilpatrick isn't surprising. Raben has had to counsel many frustrated clients when it came to plea deals.
"I often have to tell clients that you aren't going to have the choices you might like. This is hard for clients to accept," Raben said. "You have no right to plead guilty. You have a right to go to trial. If you plead guilty, it is on whatever terms you can agree on with the prosecution and the more the state has to put into a prosecution, the less inclined they are to be generous."
The pressure was on to take a deal because the amount of jail time a defendant might be offered in a future plea deal or in a sentence if convicted goes up after the prosecution is forced to call expensive out-of-town experts to testify, said George E. Ward, a former deputy assistant Wayne County prosecutor.
'Weighing the risks'
"We don't know what advice she was getting, but as you get farther into it, you have to start weighing the risks of going to trial versus limiting the risks with a plea," Ward said. "This was likely the best deal she could get. I don't know why she didn't take a plea deal earlier, but at this point she had to consider the worst case scenario that she would likely have been sentenced to more time had she gone to trial."
On the day Kilpatrick pleaded guilty Beatty rejected a plea deal that included only 90 days in jail. The offer from the prosecutor went up to 150 days the day after Kilpatrick's plea.
Now, Beatty will pay $100,000 in restitution to the city, one tenth of the $1 million restitution Kilpatrick accepted. She also agreed to stop attending law school classes during her five years of probation. Beatty has been attending law school at Wayne State University while working as Kilpatrick's top aide.
Kilpatrick agreed not to hold elected office through his probation and signed a letter revoking his law license -- a move his lawyers are trying to undo with arguments filed Monday with the state's Attorney Discipline Board.
Beatty also is broke, Morganroth said, making it difficult to know where restitution could come from. He said she has not paid him for almost a year of legal representation.
"She'd have to stand on a pretty good gold mine," he said.
"With a trial, this was going to be months and months of upheaval," Morganroth said about 15 minutes after his client's press conference. As time wore on, he noted, deals offered by the Prosecutor's Office were only getting more severe.
"This was about her children," he said. "She can start getting on with her life and get her and the kids out of the limelight."
Beatty took no questions after speaking with reporters at her press conference Monday. Morganroth later described her as "very vulnerable."
Text messages at issue
The text messages included sexually charged conversations about longings and rendezvous between Beatty and Kilpatrick.
The messages also included indications of Kilpatrick's affairs with other women.
The prosecution has said the messages prove the conspiracy to fire the police officers and to cover up the text messages.
University of Michigan Law Professor Richard Friedman estimated that the defense had some interesting arguments to make, but he believed the text messages and their damning information were going to be allowed as evidence.
Friedman said Judge Kenny had telegraphed his inclination to allow them through earlier rulings -- indicating that he had objections only about prohibiting messages that had clearly protected conversations between spouses and with attorneys giving legal advice or strategy.
The timing of the sentence, Jan. 5, coincides with when Beatty's daughters return to school after their holiday break.
"This way she can spend as much time with them as possible," said Morganroth, who added that the girls' father is also out of work and regularly travels outside Michigan looking for employment.
2 other cases are pending
Morganroth is representing Beatty in two other cases, one involving a Freedom of Information Act lawsuit and the city that is trying to pry loose more text messages.
The other case involves slain exotic dancer Tamara Greene, whose family has sued the city and several officials claiming they impeded the murder investigation.
Morganroth said he does expect to be paid by the city for his work on the Greene case, however the City Council has not yet approved the contract.
Monday's events were in stark contrast to when Kilpatrick agreed to plead guilty, sniping afterward at Worthy and Gov. Jennifer Granholm, announcing "Y'all done set me up for a comeback."
Beatty broke down repeatedly throughout the day -- at one point a deputy sheriff brought her a box of tissues -- as she tried to make amends to her family, something that wasn't lost on Worthy.
Asked if she thought Beatty was sorry for her actions, Worthy said pointedly, "I think this defendant is remorseful."
Caption:
Christine Beatty, former chief of staff for ex-Detroit Mayor Kwame Kilpatrick, wipes away tears as she pleads guilty to two counts of obstruction of justice in Wayne County Circuit Court on Monday.
Beatty, with attorney Jeffrey Morganroth, takes the oath at her hearing. She had rejected an earlier deal in September.
Wayne Circuit Judge Timothy Kenny helped orchestrate plea negotiations between Beatty and prosecutors.
Christine Beatty speaks to the media with her lawyer, Mayer Morganroth. "I made the decision not to go through with the trial and not take a chance on being there for my daughters in the long run," she says.
Wayne County Prosecutor Kym Worthy says she thought Beatty was remorseful.
New witness in dancer's death
Imprisoned drug kingpin linked to Greene through Detroit strip club owner, family says
Detroit News
January 20, 2009
DETROIT -- Imprisoned drug kingpin Milton "Butch" Jones might be able to shed light on the killing of exotic dancer Tamara "Strawberry" Greene because they're linked through former state legislator and strip club owner Keith Stallworth, a lawyer for Greene's family said Monday.
That's why Jones, 53, now serving a federal prison sentence at Milan, was added Friday as a possible witness in a federal lawsuit brought by Greene's family against the city of Detroit, former Mayor Kwame Kilpatrick, and several top city and police officials, said Robert Zawideh, one of the attorneys representing Greene's family.
Greene, linked to a long-rumored but never substantiated party at the mayor's Manoogian Mansion in fall 2002, was shot to death in Detroit on April 30, 2003. Her family's lawsuit alleges top police and city officials obstructed the investigation of her still unsolved killing for political reasons. Kilpatrick and the other defendants deny the allegations. The case could go to trial this year.
Stallworth, who in 2003 pleaded guilty to a felony financial transaction, was indicted along with Jones in 2001 and accused of using his Detroit strip joint, Tiger's Lounge, to launder money for the Young Boys Inc. heroin-dealing gang that Jones founded. Stallworth, a friend and former Democratic state House colleague of Kilpatrick, also is on the Greene witness list.
He could not be reached for comment Monday.
Lawyer Dennis Mitchenor counted Stallworth, Tiger's Lounge and Greene among his clients.
"Tammy did not work (at Tiger's Lounge) as one of our regular dancers, but I know that she did parties for mostly high-ender guys," Mitchenor said. "She knew Mr. Stallworth very well." Mitchenor said he believes Greene also would have known Kilpatrick, though he can't recall seeing them together or Greene ever discussing Kilpatrick.
Greene, 27, was part of a scene of high rollers and private parties that included Stallworth and other well-known Detroit-area figures, Mitchenor said.
Mitchenor of Grosse Pointe Farms said calling Jones as a witness in the Greene lawsuit seems like a stretch. Jones already was behind bars when Greene was killed, Mitchenor said.
Harold Gurewitz, the Detroit attorney representing Jones, agreed. He said Jones has been behind bars since 2001 -- two years before Greene was killed. "I don't know what the purpose is" of naming Jones as a potential witness, Gurewitz said. "It just doesn't seem obvious to me."
Another defendant in the Jones case now serving a federal prison sentence, Raymond Canty, 37, spent a lot of time at Tiger's Lounge and might be in a better position to offer relevant evidence than Jones, Mitchenor said. Even then, any connection would be "tenuous," he said.
Mitchenor said when he first learned of Greene's killing, he believed the friend who was with her in the vehicle, Eric Mitchell, had been targeted by drug dealers and Greene was killed because she was with him.
Now, he believes Greene herself may have been the target.
"It wasn't completely implausible to me that she might have danced at the mansion," he said. "That's the kind of thing that certainly would be in her league and those are the kind of folks she was familiar with."
If, as alleged, Greene was assaulted at the party, it's possible she could have asked for money to keep quiet because she was trying to get out of exotic dancing and open a lingerie store, Mitchenor said.
U.S. magistrate judges have been poring through hundreds of thousands of text messages sent by Kilpatrick and others on city-issued SkyTel pagers to determine if any of the text messages could be relevant to the Greene lawsuit.
"I would be absolutely astounded if the mayor was dumb enough to have something done to that girl," Mitchenor said. "But I wouldn't put it past people who were in their circle. There are people who want to do things for you to show their loyalty that you don't authorize."
"I hope they find out who did it," Mitchenor said.
Greene was beautiful and "a real hustler," he said. "She was first-class and did not deserve that at all."
Greene's lawyer asks judge to allow him to view sealed text messages
Detroit News
January 22, 2009
DETROIT – A lawyer for the family of slain exotic dancer Tamara Greene asked a judge today to let him look at text messages that U.S. magistrate judges have deemed potentially relevant in the family's lawsuit against the city of Detroit.
Lawyer Norman Yatooma said he should be able to look at the handful of text messages, which were filed under seal, because lawyers for former Mayor Kwame Kilpatrick and other defendants in the case have not put forward any reasons why they can't be used in the case.
"The defendants have had ample opportunity to review the text messages and file objections to their disclosure," Yatooma said in a court filing. "Indeed, they have had over three months."
Greene, said to have performed at a long-rumored but never substantiated party at the mayor's official residence in the fall of 2002, was killed in a drive-by shooting on April 30, 2003, while sitting in a vehicle outside her home.
Greene's family is suing the city of Detroit, Kilpatrick, his former chief of staff Christine Beatty, and numerous top police officials, alleging they obstructed the investigation into Greene's unsolved killing for political reasons.
Kilpatrick and the other defendants deny the allegations.
U.S. magistrate judges in October completed their review of all text messages sent on any city-issued SkyTel pager on the day Greene was killed. The text messages filed under seal were ones deemed potentially relevant to the case. None of the lawyers in the case have reviewed them.
Yatooma asked to review the messages in confidence and said he would only disclose their contents with permission from the court. Chief U.S. District Judge Gerald E. Rosen, who is handling the case, will rule on Yatooma's request.
Area man involved in Detroit suit
Monroe Evening News
February 2, 2009
The mayoral mess and scandal in Detroit has seeped south to Monroe where a local resident is part of a long string of lawsuits filed against the beleaguered city and its administrators.
Dozens of motions and depositions have been filed in recent months during a civil lawsuit that is being heard in a Monroe County courtroom. It involves some of the same legal players that are embroiled in a multitude of legal issues surrounding the years-long controversy in Detroit and its former mayor Kwame Kilpatrick.
At issue here is Monroe resident Douglas Bayer who was a paramedic with the City of Detroit and was fired from his job in 2008 for allegedly stealing heart monitor cables from an ambulance. A surveillance video apparently captured Mr. Bayer removing the cables from the back of the ambulance.
But, according to the lawsuit, Mr. Bayer and his attorney claims he was fired for telling police investigators and a Detroit television station anonymously that he witnessed an alleged stripper being brought into a Detroit emergency room with injuries after she reportedly was beaten by the former mayor's wife during a raucous party at the Manoogian Mansion, home of the city's mayor.
According to the wrongful termination lawsuit, another EMS employee told Mr. Bayer at the time that "the mayor's wife just beat down some bitch." After Mr. Bayer reported what he witnessed, he alleges that he was harassed and subjected to retaliation of unwarranted disciplinary actions that included suspensions and eventually his termination.
"That should teach you to keep your mouth shut," is what the deputy fire commissioner reportedly was quoted as telling Mr. Bayer in the lawsuit.
Several defendants are named in the suit, which claims a violation of the Whistleblowers Act. They include the City of Detroit, Kwame Kilpatrick, the Detroit fire commissioner, the deputy commissioner and several other high-ranking officials. The suit is seeking damages exceeding $25,000.
The defendants claim that Mr. Bayer was fired because he stole heart monitor cables from inside an ambulance belonging to Detroit Medical Center. But he claims that he noticed the set of cables inside the ambulance in May, 2008, and that they belonged to DMC. His claim is he simply returned them to the hospital. He did not steal them, his attorney said, because Mr. Bayer would have little personal use for them and that the cables are not exactly a high-ticket item in the black market.
"Those allegations are completely ridiculous," said Robert S. Zawideh, a Birmingham lawyer representing Mr. Bayer. "We're talking about heart monitor cables. My God, call the police."
Even though the defendants are all from Detroit, the lawsuit was filed in Monroe County Circuit Court because the Whistleblowers Protection Act allows the plaintiff to file in his hometown no matter where the events in question occurred. Mr. Bayer chose to keep the case in Monroe, much to the objection of the defense, and it was assigned to Judge Joseph A. Costello Jr.
Several hearings have been held here but there appears to be no imminent solution. In fact, the case could drag on for months, even years, before it is resolved. The file itself is so full of motions and evidence statements that it is more than a foot thick. Also Mr. Zawideh admitted that he has a contentious relationship with Detroit attorney Andrew Jarvis, who is representing the defendants.
Mr. Zawideh claimed Mr. Jarvis approached a client of his - another fired EMS worker suing Detroit - and allegedly attempted to bribe her by offering to get her job back if she would make a damaging statement against Mr. Bayer.
Mr. Zawideh claims Mr. Jarvis violated of the Michigan Rules of Professional Conduct. That part of the lawsuit currently is being argued before Judge Costello and testimony is expected to continue next week.
Mr. Jarvis did not return Evening News phone calls.
The lawsuit is one of many filed against the City of Detroit that has been an embarrassing subject of nationwide scourge after it was revealed the mayor and his aide were having an affair and exchanging numerous text messages. Both were convicted of lying under oath and Mr. Kilpatrick is expected to be released from jail Tuesday.
Mr. Bayer became part of the controversy when he claimed that he was in the Detroit Receiving Hospital emergency room on the night that an exotic dancer was brought in for injuries she suffered allegedly when Carlita Kilpatrick, the former mayor's wife, beat her with a "wooden object," according to the lawsuit.
The lawsuit states Mr. Bayer was on duty and inside the ER when an entourage of the mayor's security team came in and cleared the room. It was not clear if the woman from the mansion party who was escorted to the ER that night was Tamara Greene, the dancer who ended up murdered and is the target of an investigation.
Mr. Bayer's employment troubles began after he told a TV station what he saw that night. Even though he was interviewed with his identity withheld, Mr. Bayer claims he was given suspensions, including one for 30 days without pay.
In May, 2008, Mr. Bayer was involved in an accident while on duty and, the lawsuit states, the police and witnesses said he was not at fault. A month later he was fired after nine years on the job.
Mr. Zawideh said his client has not been able to find work since, despite the need for paramedics. He said his client has been blackballed, despite his military credentials and emergency skills.
"He can't find a job as an EMT anywhere," Mr. Zawideh said. "I don't think the demand for good EMTs has diminished at all. But he's not getting the calls."
Suspect in Tamara Greene death convicted in separate case
Detroit News
February 5, 2009
DETROIT — A suspect in the killing of exotic dancer Tamara "Strawberry" Greene was convicted Wednesday of unrelated felony charges in Wayne County Circuit Court.
Darrett King, 35, of Detroit, was convicted of two counts of assault with intent to murder, a felony firearm charge, and being a felon in possession of a firearm. He faces 5 years to life when he is sentenced on Feb. 26.
During King's trial, Mike Carlisle, the lead investigator on the Greene case until September 2008, when he retired, testified that not only was King a suspect in the Strawberry murder, he was the only suspect, Carlisle said today.
But the jury rejected defense claims that King was only charged last year in the Dec. 24, 2004, shooting incident at a gas station at Seven Mile and Patton because police believed he had killed Greene. One man was shot in the leg and one in the side. Both survived.
Greene was shot to death outside her Detroit home on April 30, 2003. Her name was linked to a long-rumored stripper party at the mayor's Manoogian Mansion in the fall of 2002. Greene's family has sued top police and city officials in federal court, alleging they obstructed the investigation of her killing for political reasons.
"Did Darrett King kill Strawberry? In my mind yes he did," said Carlisle, who was police of the year for violent crime and homicide in 2007. "Based on the information I gathered, Darrett King is the killer."
Carlisle ran across King's name while investigating the Greene killing and started checking on King's previous contacts with Detroit police, Carlisle said. That's when he ran across the 2004 shooting and found that King should have been charged with it, he said.
The weapon used in the gas station shooting was a 10-millimeter handgun. A 40-caliber weapon was used to kill Greene. King is a left-handed shooter, just as Greene's killer was, Carlisle said. He declined to say more about the Greene case, saying the investigation continues.
When he was arrested last year, King was serving time in state prison on drugs and gun charges and was soon to be paroled.
King testified that he knew Greene and Eric Mitchell, the man who was sitting in a vehicle with her when she was killed. He also admitted having an argument with Greene but denied beating her up.
Carl Jordan, King's defense attorney, said today in a brief interview he was surprised King was convicted of the charges. King denies involvement in Greene's killing, Jordan has said.
Darrett King - Suspect In Tamara Greene's Murder
Lawyers meet in Greene lawsuit
Detroit News
February 11, 2009
DETROIT -- Lawyers involved in a civil lawsuit related to the 2003 killing of Detroit exotic dancer Tamara "Strawberry" Greene met behind closed doors with a federal judge for about 90 minutes Wednesday.
Lawyers for Greene's family, the city and other parties to the case all declined comment when they left the chambers of U.S. District Judge Gerald E. Rosen. They would only say that Rosen would be issuing orders related to the case shortly.
Greene, who was linked to a long-rumored but never substantiated party involving strippers at the mayor's Manoogian Mansion in the fall of 2002, was killed in a drive-by shooting outside her Detroit home April 30, 2003. The killing remains unsolved.
Greene's family is suing the city, Kilpatrick, his former chief of staff Christine Beatty, former Police Chief Ella Bully-Cummings, and other top city and police officials, alleging they obstructed the investigation of Greene's killing for political reasons.
The defendants deny the charges. The case could go to trial this year.
Norman Yatooma, the lawyer for Greene's family, has been waiting to see Greene's Detroit police homicide file. The city had until Monday to file objections to him seeing the file but filed nothing.
Yatooma is also waiting to see text messages sent by city officials on the day Greene was killed that federal magistrate judges have identified as potentially relevant in the case.
Texts unusable in Greene lawsuit
Judge continues review of other evidence involving the dancer's case
Detroit News
February 14, 2009
DETROIT -- None of the text messages sent by Detroit city and police officials on the day an exotic dancer was shot can be used as evidence in a lawsuit brought against the city by the woman's family, a federal judge ruled Friday.
Chief U.S. District Judge Gerald E. Rosen said in a two-page order that none of the city text messages sent April 30, 2003, the day Tamara "Strawberry" Greene was killed, meet legal standards that would allow them to be used as evidence. That means they will not be turned over to the Greene family's lawyer, Norman Yatooma, or made public.
Review by U.S. magistrate judges of a much larger batch of text messages -- sent by as many as 42 city and police officials over a much longer time span -- continues. It's possible some could still be ruled admissible.
"The first set of text messages reviewed by the court spans 24 hours; the second set of text messages reviewed by the court spans 20 months," Yatooma said Friday. "We will be patient and trust that our patience will be rewarded with answers."
Thirteen text messages from a total pool of hundreds sent by city officials on the day Greene was shot had been identified by magistrate judges as potentially relevant to the case and were turned over to Rosen under seal. But Rosen, after reviewing the messages with lawyers for defendants in the case, ruled none were admissible.
Greene was linked to a long-rumored but never substantiated party involving strippers at the mayor's Manoogian Mansion in fall 2002. Her drive-by killing in Detroit remains unsolved.
Greene's family is suing the city, former Detroit Mayor Kwame Kilpatrick, his former chief of staff Christine Beatty, former Police Chief Ella Bully-Cummings, and other top city officials, alleging they obstructed the investigation of Greene's killing.
The defendants deny the allegations.
Ex-mayor to work for Compuware
Jackson Citizen Patriot (MI)
February 14, 2009
DETROIT - The head of Compuware Corp. defended the hiring of former Mayor Kwame Kilpatrick as an account executive Friday, saying the convicted felon is "uniquely qualified" to sell high-tech services in the health-care field.
But Peter Karmanos said Kilpatrick could be fired depending on the results of an ongoing investigation of corruption during his years at City Hall.
"If he has screwed up more than what's come out he knows he's done," Karmanos told WJR AM radio host Paul W. Smith. "But I think it's worth a chance. If everything works out we'll have a very talented person. If it doesn't, well, it was a nice try."
Kilpatrick will work for Covisint, a Compuware subsidiary, in Dallas, Karmanos said.
Stripper's death
Judge denies lawyer access to messages
Jackson Citizen Patriot (MI)
February 14, 2009
DETROIT - A lawyer who claims Detroit police and city officials obstructed an investigation of a stripper's killing will not get access to some text messages, U.S. Chief District Judge Gerald Rosen ruled Friday.
Rosen said messages from April 30, 2003, do not meet federal rules of civil procedure.
A lawsuit was filed by Norman Yatooma, who represents the family of Tamara Greene, a stripper who was gunned down in 2003. The lawsuit claims then-Mayor Kwame Kilpatrick and high-ranking police obstructed the investigation into Greene's unsolved slaying.
Yatooma believes Greene danced at a party at the mayoral mansion several months before she was killed. Kilpatrick has denied that such a party took place, and a state investigation failed to confirm it.
Suspect in stripper case jailed
Tied to exotic dancer's killing, he gets 19-30 years for unrelated '04 shootings
Detroit News
February 27, 2009
DETROIT -- A suspect in the unsolved slaying of an exotic dancer linked to the long-rumored party at the Manoogian mansion was sentenced Thursday to 19 to 30 years for unrelated crimes.
Darrett King, 35, shot two men at a gas station on Christmas Eve 2004. King's lawyer wondered Thursday, with his client locked up for decades, how hard police will work to find Tamara "Strawberry' Greene's real killer.
"I think they wanted to close a high-profile murder case and my client was connected enough to do the job for them," Carl Jordan said.
A retired Detroit Police homicide detective testified at the assault trial that he believes King shot Greene on April 30, 2003. The cover-up of an alleged 2002 performance by the stripper at a never-proven private party in the city's mayoral mansion is at the heart of former Mayor Kwame Kilpatrick's downfall.
It also is the subject of a federal lawsuit brought by Greene's survivors, claiming top city and police officials obstructed the homicide investigation.
Former homicide investigator Mike Carlisle testified that evidence against King is strong, but circumstantial. Carlisle was unable to persuade Wayne County Prosecutor Kym Worthy to charge King with Greene's death.
King has admitted knowing and arguing with Greene and Eric Mitchell, Greene's companion when she was shot. King's wife owned a car that matched the one Greene's killer used. King is left handed, just like Greene's killer. And another felon was prepared to testify that King had bragged about killing Greene, Carlisle said.
Kwame Kilpatrick ordered to return to Detroit
Detroit Examiner
March 25, 2009
So we thought when the former Mayor left for Texas that would be the last we saw of him for while, well think again.
A federal magistrate has ordered ex-Detroit Mayor Kwame Kilpatrick and former lover Christine Beatty to show why thousands of text messages should not be given to an attorney representing the family of a slain exotic dancer, Tamara Greene.
Tamara ‘Strawberry’ Greene is believed to have performed at a rumored, but never-proven 2002 party at the mayoral mansion.
Several witnesses has testified that the party did occur, including EMS personnel that did the actual transport and other EMS workers who said they saw Ms. Greene arrive at the hospital.
Tamara Greene's family is suing the city, accusing the city of not fully investigating her 2003 shooting death.
Judge Steven Whalen's order Tuesday calls for Kilpatrick and Beatty to attend an April 7 hearing to determine if texts from the city's former communications provider will be turned over to Norman Yatooma.
Yatooma requested the messages from SkyTel as part of a civil suit against Kilpatrick, ex-top aide Beatty and other officials.
Yatooma says the texts could prove interference with the investigation into Greene's shooting.
Federal judge may release text messages
April 7 hearing will determine if information from city pagers will be released in civil lawsuit
Detroit News
March 25, 2009
DETROIT -- A federal magistrate judge is considering the release of thousands more text messages exchanged between former Detroit Mayor Kwame Kilpatrick, his former chief of staff Christine Beatty and other city officials.
The messages are those filed under seal in U.S. District Court in Detroit in connection with a lawsuit brought against the city, the former mayor, Beatty, and other defendants by the family of slain exotic dancer Tamara "Strawberry" Greene.
Greene, linked to a long rumored but never proven party at the mayor's Manoogian Mansion in the fall of 2002, was shot to death in Detroit in 2003. Her family alleges top city and police officials obstructed the investigation of her killing for political reasons. The defendants deny the allegations.
U.S. Magistrate Judge Steven Whalen on Tuesday ordered lawyers to appear April 7 and show why Whalen should not give Norman Yatooma, the lawyer for Greene's family, all of the tens and possibly hundreds of thousands of text messages Yatooma requested in connection with the lawsuit.
SkyTel Corp., the city's former text messaging pager provider, submitted the text messages to the court under seal and Whalen has been combing through them to identify whether any are potentially relevant to the lawsuit.
But in his order, Whalen said there is "substantial overlap" between the texts he is reading and those recently made public by Wayne Circuit Judge Timothy Kenny after county prosecutors filed them in connection with criminal cases against Kilpatrick and Beatty.
"The public availability of the texts SkyTel has submitted to this court would appear to obviate the need for in camera review," Whalen said in his order.
Mayer Morganroth, a lawyer for Beatty, said Kenny released only a fraction of the text messages filed under seal in the Greene case and there is no reason for Whalen to order more messages released. "I don't know where this comes from -- it's out of the blue," Morganroth said. "It's strange."
Yatooma, who could not be reached, requested text messages exchanged between Kilpatrick, Beatty, and about 60 other city and police officials for nearly a two-year period between Aug. 1, 2002 and April 17, 2004. Whalen's order appears to propose the release of all of those messages.
It's not clear whether the text messages provided to Yatooma would remain subject to a protective order or whether Yatooma would be free to file them in open court. An order from Whalen to release the text messages would also be subject to approval by Chief U.S. District Judge Gerald E. Rosen, who is handling the case.
Whalen earlier scrutinized a smaller set of text messages sent or received by any city official holding a SkyTel pager on April 30, 2003 -- the day Greene was shot to death. He identified a handful of those messages as potentially relevant, but Rosen ruled that none of them met the threshold for admissibility in the lawsuit and said Yatooma would not be permitted to see them.
Morganroth said the U.S. Stored Communications Act is more protective of the privacy of text messages in civil cases, such as the Greene case, than in criminal cases such as those that sent both Kilpatrick and Beatty to jail on obstruction of justice and perjury related charges. On April 7, "we'll show him why they shouldn't be released," he said.
Witnesses have come forward in the Greene case to say they saw a commotion at a Detroit hospital and an injured dancer but none has put a specific date on the legendary party.
Caption: An attorney for relatives of slain exotic dancer Tamara Greene is seeking release of city text messages.
Ex-Detroit mayor must attend hearing
Grand Rapids Press
March 25, 2009
DETROIT -- A federal magistrate has ordered ex-Detroit Mayor Kwame Kilpatrick and former lover Christine Beatty to show why thousands of text messages should not be given to an attorney representing the family of a slain stripper. Judge Steven Whalen's order Tuesday calls for Kilpatrick and Beatty to attend an April 7 hearing. Attorney Norman Yatooma says the SkyTel texts could show interference with an investigation into Tamara Greene's 2003 death.
Beatty lawyer fights release of text messages in Tamara Greene case
Detroit News
April 4, 2009
Detroit — A federal magistrate judge should not order the release of previously undisclosed city of Detroit text messages without first conducting a thorough in-chambers review and allowing defense lawyers to challenge their release, a lawyer for former mayoral chief of staff Christine Beatty said in a court filing today.
Mayer Morganroth, Beatty's attorney, said in documents filed in U.S. District Court in Detroit he has no objection to the magistrate judge releasing text messages that have already been released in other court cases and published in the news media.
A hearing is set for Tuesday related to hundreds of thousands of text messages that have been provided under seal to the court by SkyTel Corp. in connection with a lawsuit brought against the city, former Mayor Kwame Kilpatrick, Beatty, former Police Chief Ella Bully-Cummings and other top city officials by relatives of slain exotic dancer Tamara "Strawberry" Greene.
Greene, linked to a long rumored but never proven party at the mayor's Manoogian Mansion in the fall 2002, was shot to death in Detroit on April 30, 2003. Her family alleges top city and police officials obstructed the investigation of her still unsolved killing for political reasons.
The defendants deny the allegations.
U.S. Magistrate Judge Steven Whalen has been conducting a lengthy in-camera review of city text message sent by more than 60 city officials over nearly a two-year period to determine if any of the messages might be relevant to the lawsuit.
Last month, Whalen noted in a court order that there is significant overlap between the text messages he is reviewing and those that became public as a result of recent criminal proceedings against Kilpatrick and Beatty. He asked lawyers for the defendants to show, at Tuesday's hearing, why he should not provide Greene lawyer Norman Yatooma with all the text messages he has requested.
"This court should not just release all of the federal text messages on the grounds that there may be some overlap with the ... text messages that have been posted on Web sites because the volume of the federal text messages far exceeds the volume of the ... text messages which have been posted," Morganroth said in a court filing. "Beatty acknowledges that there is certainly no need for this court to sift through and review the text messages which have already been posted on Web sites."
Although Whalen's order proposed releasing to Yatooma all of the text messages filed under seal, such a move would conflict with a detailed protocol for reviewing the text messages established by Chief District Judge Gerald E. Rosen, who is in charge of the case. It's possible Whalen is only proposing the release of text messages already published in the media.
Lawyers for Kilpatrick and the city have yet to file responses in advance of Tuesday's hearing.
Ex-cop: 'Little doubt' Manoogian party occurred
Report of 'officer down' at alleged 2002 event not in police records, says investigator
Detroit News
April 6, 2009
Detroit -- The former lead detective in the Tamara "Strawberry" Greene murder case says he not only believes a stripper was beaten at an alleged raunchy party at the mayoral mansion in late 2002 but also wonders why a lead he provided to the State Police about an "officer down" at the mansion never appeared in investigators' reports.
Greene is said to have danced for former Detroit Mayor Kwame Kilpatrick at a never-proven party at the Manoogian Mansion; she was killed in a drive-by shooting a few months later.
Mike Carlisle, who retired from the Detroit Police Department with commendation in September, said that while he does not believe Greene danced at the party or that her slaying was connected to Kilpatrick, he does believe there was a party where a stripper was beaten.
Carlisle said that in late September or early October 2002, he received a call while he was off duty about an "officer down" at the mansion, the official residence of the Detroit mayor. Then a member of the special assignment squad of the homicide division, Carlisle was required to respond to all such calls. Two others from the squad were also notified that evening, Carlisle said.
"I got dressed and headed out around 11 p.m.," Carlisle said. "I got halfway down Jefferson when I got a call that I was not needed, and so I turned around. I even filled out an overtime notice and got paid for it."
Carlisle said he linked the "officer down" dispatch with a party at the Manoogian because witnesses told him and state investigators that a Detroit Police officer moonlighting as a stripper had worked the party.
"I have grave doubts she danced at the Manoogian," Carlisle said of Greene. "But I have little doubt that the night I received a call to go to the mansion, a party occurred."
He said he told this to a State Police investigator who called him at home in late 2003. Both the State Police and the attorney general were investigating whether a party had actually taken place. Attorney General Mike Cox concluded it was urban legend.
"I gave them the same information I'm giving you," Carlisle said.
The officer who headed the State Police investigation denied Carlisle's account.
"He certainly did not disclose that to us," said Detective Lt. Curt Schram, adding "that would be pretty significant," and would have been included in the police reports.
Carlisle "was contacted and interviewed" during the State Police investigation but did not mention receiving a call about an officer down, Schram said.
Records of the State Police probe obtained by The Detroit News show Detective Sgt. Mark Krebs of the State Police contacted Carlisle on June 10, 2003, after getting a tip that Carlisle had information about a dancer.
Carlisle "advised that he did not have that information," but referred the State Police to another Detroit officer he thought might know something, the report shows.
Deputy Chief Gary Brown, head of the Detroit Police Department's internal affairs, began an investigation into the party and was subsequently fired. In late 2007, Brown won a multimillion-dollar settlement in a whistle-blower lawsuit that led to the downfall and incarceration of Kilpatrick.
Greene was killed around the time of Brown's firing, so the party and Greene's slaying became fused in the public imagination. The State Police continued its own investigation and eventually closed it in January 2004 due, in part, to lack of cooperation from the Attorney General's Office, which refused subpoenas of hospital records and other items. Police tapes showing calls for police responses had already been destroyed when the State Police investigation began, records show.
Carlisle was transferred to the cold case squad in 2004 and assigned the Greene case. He worked it for eight weeks. Witnesses told Carlisle then that the Manoogian dancer was not Strawberry Greene, but a Detroit police officer who had worked as a stripper. She may have been the "cop down," Carlisle said.
That officer was interviewed by State Police investigators, denied any connection to the party, and was eventually assigned to the Executive Protection Unit that guarded Kilpatrick before moving to the vice squad.
According to a federal lawsuit brought by Greene's family, Kilpatrick's wife, Carlita, walked in on the Manoogian party, saw her husband receiving sexual favors and beat the stripper. The stripper was then rushed to the hospital. Cox's spokesman said he refused to sign subpoenas to search hospital records because it was a fishing expedition and an invasion of privacy rights.
With things quieting down, the case was abruptly taken from Carlisle in August 2004 and the cold case squad disbanded, he said.
Norman Yatooma, the lawyer for Greene's family, said he plans to depose Carlisle in his federal lawsuit against the city and its former mayor.
"We're not suing ex-convict Kilpatrick for having a raucous party or even for murder," Yatooma said. "We're suing him for covering up a murder investigation."
When salacious text messages between Kilpatrick and his former chief of staff, Christine Beatty, surfaced in January 2008, the stripper and the party were back in the news.
Carlisle was assigned the case again, this time with access to the State Police notes.
There is no mention of Carlisle telling state investigators that he was called to the mansion in the fall of 2002.
"I was surprised, to say the least," Carlisle said.
Carlisle said the evidence does not point to a hit ordered on Greene by City Hall but that Greene simply got caught between two feuding drug dealers, and Carlisle testified as much in court.
"This is a working girl who got caught between two thugs," Carlisle said he believes.
The man he suspects killed Greene sits behind bars on an attempted murder conviction.
Background
At issue: A long-rumored, but never proven, party at the Manoogian Mansion, the mayor's residence, in fall 2002
What: Mike Carlisle, a former lead detective from the Detroit Police Department in the murder case of exotic dancer Tamara "Strawberry" Greene, says witnesses told him the alleged Manoogian dancer was not Greene, but a Detroit police officer who had worked as a stripper. Carlisle also says he told Michigan State Police that he received a call about an "officer down" at the mansion, but the tip wasn't noted in investigators' reports.
Caption: Former cop Mike Carlisle said he got a call in 2002 about an "officer down" at the Manoogian, the official residence of the Detroit mayor.
Judge asks lawyers in Greene lawsuit to review text messages
Detroit Examiner
April 7, 2009
A federal magistrate asked lawyers on both sides of the Tamara Greene lawsuit to review some 6,600 recently released city text messages to determine whether they are relevant to the case.Lawyers for ex-Detroit Mayor Kwame Kilpatrick and his former chief of staff Christine Beatty assured U.S. Magistrate Judge Steven Whalen that none of the recently released messages from the mayor’s criminal case will apply to the suit. But Robert Zawideh, an attorney who works in Norman Yatooma’s Birmingham law firm, said he believed some of the messages are relevant. Read more.....Quick take: The Kilpatrick text message case is almost like the 21st century version of the Nixon tapes -- folks wondering why an elected official chose to use a recording device that can so easily be traced back to him.
Judge orders review of texts in stripper death suit
He asks lawyers in stripper death suit to agree on relevancy
Detroit News
April 8, 2009
Detroit -- A federal magistrate judge Tuesday ordered lawyers in the slain exotic dancer Tamara "Strawberry" Greene lawsuit to meet and agree on the relevance of city of Detroit text messages that already have been published in the news media.
U.S. Magistrate Judge Steven Whalen, who has been reviewing hundreds of thousands of text messages filed in the federal lawsuit, said he wants the lawyers to save the court unnecessary work.
Whalen issued an order in March that had raised the hopes of the attorney for Greene's family, Norman Yatooma, and stirred concerns among lawyers for defendants in the case, that Whalen planned to release large volumes of SkyTel text messages, which had not been previously seen.
But Whalen clarified that order, saying he only wants to save time reviewing text messages that already have been released.
"The court doesn't have to do a useless act," by reviewing those text messages already published in the news media, estimated to number more than 6,000, Whalen said.
Greene, linked to a long rumored but never proven party at the mayor's Manoogian Mansion in the fall of 2002, was shot to death in Detroit on April 30, 2003. Her family is suing the city, former Mayor Kwame Kilpatrick, former Chief of Staff Christine Beatty, former Police Chief Ella Bully-Cummings and other defendants, alleging top city and police officials obstructed the investigation of Greene's still unsolved murder for political reasons.The defendants deny the allegations.
Whalen on Tuesday ordered lawyers for the two sides in the case to meet and identify those text messages that have been published in the media which they agree are not relevant to the Greene lawsuit. He wants them to separately identify those text messages published in the news media over which there is a disagreement about relevance.
Lawyers said they are in agreement with the latest order. They have 30 days to comply.
Whalen has been conducting a lengthy in-camera review of text messages sent by more than 60 city and police officials over nearly a two-year period to determine if any might be relevant to the lawsuit. SkyTel filed the text messages under seal after they were requested by Yatooma. The text messages are believed to number in the hundreds of thousands.
Whalen said Tuesday that he has no immediate plans to order the release of text messages that have not already been published.
Guess which newbie council candidate has $100k in his war chest?
Detroit News
June 1, 2009
If you guessed former deputy police chief and whistleblower Gary Brown, you'd be right!
With 200-plus candidates running for council, City Hall Insider didn't check every person, but Brown appears to be the only political neophyte to report any cash. Where did it come from? From him, mostly. He loaned his campaign a total of $100,000 -- $90,000 on Jan. 23, 2009 and another $10,000 on Oct. 30, 2008.
He does have one other contributor, Ernest Flagg who gave $500 on Nov. 28. Who is Flagg? He is the one-time lover of Tamara Greene, the slain dancer who is rumored to have danced at the Manoogian Mansion.
The pair had a child together, Jonathan Boyd. Flagg has filed a lawsuit on Boyd's behalf alleging the city deliberately botched the investigation into Greene's death to cover up that she may have danced at the mansion.
EMS worker's whistle-blower judgment upheld in stripper case
Detroit News
June 17, 2009
A former paramedic who came forward with information related to the Tamara Greene stripper death case will seek $4.5 million in damages after a judge today upheld his whistle-blower lawsuit default judgment against the city of Detroit, his attorney said.
City of Detroit Corporation Counsel Krystal A. Crittendon said the city plans to appeal and expects to have the default judgment set aside.
Birmingham attorney Norman Yatooma said the city fired emergency medical technician Cenobio Chapa on Oct. 24 -- one day after he gave media interviews in which he said he saw an injured woman at Detroit Receiving Hospital in the fall of 2002 who claimed to have been assaulted by Carlita Kilpatrick, the wife of former Detroit Mayor Kwame Kilpatrick.
Chapa swore an affidavit about the encounter which Yatooma is using in a federal lawsuit brought against the city on behalf of the survivors of Tamara Greene, an exotic dancer who was linked to a rumored 2002 party at the mayor's Manoogian Mansion. Greene was killed in a drive-by shooting in Detroit on April 30, 2003.
Greene's killing remains unsolved and the federal lawsuit alleges the former mayor and top city and police officials obstructed the homicide investigation for political reasons.
Oakland County Circuit Judge Wendy Potts granted a default judgment in May after the city did not file an answer to Chapa's complaint within the required time.
The city filed a motion to set aside the default judgment, but it was upheld Wednesday after city attorney Valerie Colbert-Osamuede failed to show up on time for the hearing she had requested.
Now the amount of damages Chapa will receive is to be determined after a hearing July 28.
Crittendon said Colbert-Osamuede was held up because of poor weather, causing her to be 15 minutes late for the hearing. It's not uncommon for default judgments to be reversed, she said.
"There was no adjudication on the merits," Crittendon said.
Yatooma said the veracity of Chapa's claims was not tested in the lawsuit because the city never responded to it.
"All you can interpret from this judgment is the fact that this whole administration ... is misguided and their cases are being obscenely mishandled," Yatooma said of the city of Detroit.
City officials said they fired Chapa for mishandling a call but the timing of his dismissal and other factors meant the city's claim lacked credibility, Yatooma said.
A civil lawsuit filed by Douglas Bayer, another former city paramedic who lost his job after he said he witnessed a disturbance outside the hospital related to the rumored Manoogian party, is pending in Macomb Circuit Court, Yatooma said.
The federal lawsuit could go to trial later this year.
Ex-paramedic to seek $4.5M over firing
Detroit News
June 18, 2009
Detroit — A former paramedic who came forward with information related to the Tamara Greene stripper death case will seek $4.5 million in damages after a judge upheld his whistle-blower lawsuit default judgment against the city of Detroit, his attorney said Thursday.
City of Detroit Corporation Counsel Krystal A. Crittendon said the city plans to appeal and expects to have the default judgment set aside. Birmingham attorney Norman Yatooma said the city fired emergency medical technician Cenobio Chapa on Oct. 24 — one day after he gave media interviews in which he said he saw an injured woman at Detroit Receiving Hospital in fall 2002 who claimed to have been assaulted by Carlita Kilpatrick, the wife of former Detroit Mayor Kwame Kilpatrick.
Former Detroit police monitor Sheryl Robinson Wood resigns from law firm
MLive
Sep 01, 2009
The woman formerly responsible for overseeing federally mandated reforms of the Detroit police force has left her job at a private law firm.
Venable LLP says that Sheryl Robinson Wood resigned from the firm effective Monday. Wood worked in the firm's Baltimore office.
Wood quit the police monitor post in July after text messages showed a previously undisclosed personal relationship between her and then-Mayor Kwame Kilpatrick.
A message was left Tuesday for Wood's Washington-based attorney, Vincent Cohen Jr.
Since 2003, Detroit's police department has been monitored for compliance with reforms in use of force and treatment of crime suspects.
Concern over Detroit police handling of rape kits
Police1.com
BY Joe Swickard and Chris Christoff
Detroit Free Press
Sep 23, 2009
DETROIT — Wayne County Prosecutor Kym Worthy wants an independent investigation into what she says may be thousands of kits holding evidence of possible sexual assaults that were found in a Detroit Police Department evidence storage facility.
In a Sept. 8 letter to Police Chief Warren Evans, Worthy said there may be more than 10,000 so-called rape kits and hundreds of other pieces of evidence warehoused, unanalyzed, in a police "overflow property room." The situation raises fears that cases could be affected if the evidence is challenged in court, Worthy said.
Police spokesman John Roach said Monday that Evans has an internal investigation under way, and that so far, police have found no mishandling of evidence and no cases that have been tainted. Roach also said the evidence is secure.
But Worthy contends in her letter that though the issue predates Evans' administration, the investigation should be handled by an outside agency. Worthy's letter also asks for an immediate meeting, but none has been set.
The police crime lab was shut down a year ago because of an extraordinarily high error rate in firearms cases.
William Winters III, president of the Wayne County Criminal Defense Bar Association, said it may be time for federal authorities to look into the lab and the handling of evidence. "They have the money and resources," he said.
Worthy wants an outsider to conduct police evidence probe
The discredited Detroit Police Department crime lab continues to haunt the criminal justice system a year after it was closed because of errors and mishandled evidence.
Officials have to act decisively to assess thousands of sexual-assault evidence kits found in an evidence facility, and it's going to take an outsider to do it, Worthy told Evans in an urgent letter sent this month.
The problems that closed the police lab "have already raised too many issues within the courts with how evidence has been processed and tested," Worthy wrote in the Sept. 8 letter.
She called the evidence handling "alarming." Worthy's spokesman, Jack Fennessey, said Friday that she was stunned by the reports. He did not return calls Monday.
But Detroit police spokesman John Roach said that, so far, the department's preliminary investigation shows the kits include ones "already processed for criminal investigations, as well as a large number of kits that never required processing because the cases were resolved without the need for DNA evidence."
Those unprocessed kits include cases in which a person didn't want to pursue the charges or the prosecutor declined to issue a warrant, he said. Other cases ended with a plea or involved assaults that would not have left DNA, Roach said.
Boxes of evidence found
Worthy's letter, however, offered a grimmer view, of an evidence room that to her "understanding," was filled with sexual-assault evidence kits, known as rape kits, and other evidence that had not yet been analyzed. The problems have been worsened by the destruction of other, unspecified evidence that needed to be retested because of "the sub par work conducted by the lab," Worthy added in her letter.
Boxes of rape kits were found in an evidence room several weeks ago during a routine inspection of police facilities by Michigan State Police.
The evidence warehouse also had hundreds of other pieces of evidence and case files, some of which, Worthy wrote, is "unmarked and not catalogued in any intelligible way."
If any of the kits are used in court, they are open to challenge "on a number of levels, and my office needs to know the clear gravity of this situation," Worthy wrote.
Roach said the internal probe was under way before Worthy's letter. "Once the internal affairs report is finalized, the chief will determine whether an outside review is necessary, and he will share our findings with the prosecutor," Roach said Monday.
He said judgment should be withheld until the investigation is concluded, and the department "takes sexual assaults very seriously and is committed to making sure all evidence is handled appropriately."
The lab was closed last year after an audit found an error rate of 10% in firearms cases. The entire lab was shut down out of fear the slipshod practices extended to other testing.
Detroit reported 1,264 rapes from 2006 through 2008, according to the latest FBI statistics released last week.
Bigger than just Michigan
Worthy acknowledged that any problems with the rape kits existed before Evans was tapped as police chief, but she said in her letter that an outside agency should lead any investigation. Without independent eyes, the situation "is a huge problem for us, the bench and other parties in the criminal justice system," she wrote.
State Police spokeswoman Shannon Akans said Monday that it's up to the Detroit Police Department to request an audit. No request has been made.
"We don't know how many of the kits were analyzed or not analyzed," Akans said.
Worthy also raised questions in her letter about the department's practices in entering information in rape and other criminal cases into a national DNA databank.
William Winters III, president of the Wayne County Criminal Defense Bar Association, said Worthy's concerns are justified, given the lab's history and the implications for the national databank. "This can affect the whole country," Winters said.
New lawsuit filed in Tamara Greene case
Ex-sergeant is second to claim demotion over investigation
Detroit News
September 25, 2009
Detroit -- A second Detroit homicide investigator is alleging he was demoted for investigating the killing of exotic dancer Tamara "Strawberry" Greene, linked to a rumored party at the Manoogian Mansion under former Mayor Kwame Kilpatrick.
Odell Godbold, a former sergeant in charge of the Police Department's "cold case" unit, filed a lawsuit Thursday against the city and three of his former supervisors, alleging they "protect(ed) an elected official by covering up information regarding the official's connection to Greene."
The latest lawsuit, filed in Wayne Circuit Court, further fans the flames of a controversy that has raged for more than four years over Greene's April 30, 2003, drive-by shooting death in Detroit.
Greene's family sued top city and police officials in 2005, alleging they obstructed the investigation of her unsolved killing for political reasons. That case, in which tens of thousands of text messages sent and received by Kilpatrick and other city officials were subpoenaed for private review by federal magistrate judges, could go to trial next year.
Another former homicide detective, retired Lt. Alvin Bowman, alleged in an earlier lawsuit that he was transferred out of homicide for attempting to investigate Greene's killing. Bowman said in a sworn affidavit filed in the Greene case that he believed Greene was killed by a Detroit police officer. Aside from the caliber of handgun used, Bowman has not revealed what evidence he has to back up that claim.
Kilpatrick and other top city and police officials have denied the allegations, and police brass insist the Greene killing remains under active investigation.
Godbold, represented by Bingham Farms attorney Charles Gottlieb, alleges he learned that Greene and an off-duty Detroit police officer who moonlighted as a stripper performed at a 2002 party at the Manoogian Mansion. It was the off-duty female officer, not Greene, who was assaulted at the party and received a three-week leave of absence to recover from her injuries, the lawsuit alleges.
That account is consistent with one given by another retired Detroit homicide detective, Mike Carlisle, who told The Detroit News in April that he learned an off-duty Detroit police officer moonlighting as a stripper performed at the alleged party.
Godbold alleges that at a May 2005 meeting in the office of former Assistant Chief Walter Martin, also attended by former Deputy Chief Tony Saunders and then-Lt. (now Deputy Chief) James Tolbert, Martin told him not to talk about the Greene case or allow anyone to see the Greene file.
A short time later, Martin cursed at Godbold after learning Godbold had turned the file over to then-Inspector Bill Rice, who headed the major crimes unit, the suit alleges.
Martin then removed Rice from the major crimes unit and ordered Godbold to turn the Greene file over to Martin, the suit alleges.
Deputy Chief John Roach, a spokesman for Detroit Police, said officials had not yet seen the Godbold suit and had no comment.
The cold case unit, where the Greene case was assigned at the time, was shut down without explanation in August 2005 and Godbold was demoted to a drug unit where he reported to another sergeant, the suit alleges. Godbold claims he retired as a result of the demotion in January 2006, at which time the cold case unit was reopened.
Godbold also alleges an unnamed Detroit councilwoman told him she anonymously received a package of Greene's telephone records and "those records may connect Greene to the mayor's party."
Urban Legend -- Or Is It More?
City Workers Claim They Were Punished For Investigating Manoogian Manison Party
Click On Detroit
September 25, 2009
DETROIT – Former Detroit Police Officer Harold Nelthrope and former Deputy Chief Gary Brown are arguably the most famous whistle-blowers in the city's history.
They said they were demoted and fired, respectively, for investigating a rumored party with exotic dancers, which is said to have taken place at the Manoogian Mansion, the mayor?s official residence.
The rumor, which has been called urban legend, is that dancers who performed at the party were assaulted by the former Mayor Kwame Kilpatrick's wife, Carlita.
Months after that party is said to have taken place, Tamara Greene, who is said to have danced at the party was killed in a drive-by shooting. Her case has never been solved.
In the aftermath of Nelthrope and Brown's lawsuit and nearly $9 million settlement, damning text messages between former Mayor Kwame Kilpatrick and chief of staff Christine Beatty were uncovered and showed they lied during the trial; ultimately, those messages led to their downfalls.
But Nelthrope and Brown are not the only ones who believe they were punished for investigating the long-rumored party.
In fact, there's a long list of people who believe they were penalized, even threatened, for what they know.
Thursday, another former DPD employee came forward and filed suit against the city.
In court documents, former homicide Detective Odell Godbold claims he too was demoted for investigating Greene?s murder.
Godbold said, he was told "not to let anyone see the Greene file" and "not to talk about it."
And in addition to Godbold, Nelthrope and Brown former homicide Detective Lieutenant Alvin Bowman also sued the city and former Police Chief Ella Bully-Cummings.
Bowman's won his suit in 2005.
Also on Thursday, Local 4 Defenders revealed that several police officers from an elite federal task force testified Detroit Police upper-brass shut down the investigation into admitted hit man, Vincent Smothers, when they wanted to pursue a lead that could link Smothers and Kilpatrick to the Greene case.
The investigators had information from Kentucky police that one of Smothers? close friends, James Davis, bragged about being a close friend of Kilpatrick's.
The task force wanted to go down to Kentucky to talk to Davis but the investigation was stalled.
When an officer pressed police supervisors, he was told "this (the case) is bigger than me, bigger than you, bigger than both of us."
Smothers admitted to killing 11 people and is in prison for the murder of a Detroit Police Officer?s wife.
The task force officers said Smothers was going to confess to other murders but a police boss barged into the interview room and ended the interrogation.
From then on, officers said they were told not to investigate the Greene or Smothers cases.
Aside from police officers, other city workers have said they were punished for speaking out on the rumored party.
Cenobio Chapa, a city EMT, came forward with his recollection of seeing a woman that matched the description of Greene at a local hospital the night of the alleged party.
Michael Kearns, city EMT, said he saw Greene at a Detroit Shell gas station with a swollen left eye.
Doug Bayer, city EMT, said he saw Greene at Detroit Receiving Hospital and was told by a fellow EMT Kilpatrick's wife, Carlita, had assaulted her.
Joyce Rogers was a clerk at DPD Headquarters when she says she saw a report about how the mayor's wife, Carlita, assaulted Greene.
Local 4 Defenders spoke to members of Greene's family Friday. The Greene family is also suing the city, charging it did not fully investigate her killing.
In light of all the people who've come forward the family has high hopes for her case.
"With new leads coming in everyday, this should be active. I feel this case should be actively worked on everyday," said Ernest Flagg, Greene's former partner and the father of her son.
Urban Legend continues as more evidence surfaces
Detroit Examine
September 28, 2009
Arguably the most famous whistle-blowers in the history of Detroit would be former Detroit Police Officer Harold Nelthrope, and former Deputy Chief Gary Brown.
The two sued the city after they said they were demoted and fired for investigating a rumored party with exotic dancers, which is said to have taken place at the Manoogian Mansion, the mayor’s official residence.
Rumors which has been called urban legend, is that dancers who performed at the party were assaulted by the former Mayor Kwame Kilpatrick’s wife, Carlita. After that party was said to have taken place, Tamara Greene, one of the exotic dancers at the party was killed in a drive-by shooting. Her case has never been solved.
Murder and cover-ups
Metro Times
Sept 30, 2009
For years now, News Hits would have bet big that Kwame Kilpatrick had no hand in the 2003 murder of exotic dancer Tamara "Strawberry" Greene, who was rumored to have performed at the infamous Manoogian Mansion party that, officially, anyway, never actually happened.
The same non-party that then-Detroit First Lady Carlita Kilpatrick didn't show up at unannounced, and didn't send one of the dancers to the hospital, the victim of a clubbing that also didn't happen.
We would, by the way, also bet big money that all those things did happen.
Partying with strippers is one thing. So is juggling multiple mistresses, retaliating against cops whose investigations could expose all that, and then lying under oath in an ill-fated attempt to protect himself. For all that and more, Kilpatrick well deserves our scorn.
But as venal as we believe the Kwamster to be, the thought that he would actually have someone killed in order to cover up his debauchery and hold onto power seemed far-fetched, even to the supreme cynics here at the Hits.
It could be, though, that we aren't cynical enough.
What has us thinking that is last week's report by Channel 4 ace investigator Kevin Dietz, who got his hands on some sworn depositions given in a civil suit brought last year by Detroit police officer Ira Todd. The officer claims he was transferred from an elite investigative unit after uncovering a connection between a hit man suspected of possibly being involved in the Greene murder and a Kentucky man who claimed to be tight with Kilpatrick.
The allegations aren't exactly new. Many of the claims are made in the whistleblower lawsuit Todd filed against Kilpatrick and the city last year. That same sort of suit is what eventually led to the downfall of Kilpatrick, who fired Deputy Chief Gary Brown and retaliated against Officer Harold Nelthrope after they attempted to look into the rumored party. Those cops were represented by attorney Mike Stefani, who also represents Todd.
What Dietz revealed is that four other officers have come forward, giving depositions that support Todd's accusations.
"I think these guys are awfully credible witnesses," Dietz tells News Hits. "These are investigators who excelled at what they did. That's why they were on this task force."
Created to combat violent crimes, the task force includes law enforcement officers from the FBI, Secret Service, Bureau of Alcohol, Tobacco & Firearms, Michigan State Police and others.
At one point, it is claimed, Todd was interviewing Vincent Smothers — who had already confessed to a number of murders, including the alleged contract killing of the wife of a Detroit police officer — when a supervisor stepped in and halted the questioning.
"This is bigger than you. Bigger than me. Bigger than the both of us," the supervisor, according to court documents, is alleged to have said.
Todd was investigating Smothers, who may have been involved in 10 or more murders, when the trail led him to Kentucky, where Smothers and a suspected accomplice sometimes went to lay low after committing a murder, Todd's lawsuit alleges.
The alleged accomplice has a brother named James Davis who lives near Lexington, Ky. Todd contacted cops there, and was told that Davis "claimed to have connections, both personal and professional," with Kilpatrick. Davis was also believed to have "been involved in a major development project in the Detroit area," according to the lawsuit.
The lawsuit also alleged that the task force obtained information that Smothers and his accomplice "were observed leaving the scene of a Detroit area homicide in a late model Cadillac with Kentucky license plates." According to a confidential source, the alleged accomplice's brother, James Davis, owned the vehicle.
That vehicle matched the description of the one driven by Greene's assailant. The same vehicle "was later located in Detroit in a burned-out condition with a murder victim in it," according to the lawsuit.
Todd reportedly wanted to go to Kentucky to follow up on the leads. Instead, he was transferred out of the elite unit and given a desk job.
It was part of a pattern, wrote Stefani in the lawsuit, saying Kilpatrick had "created an unwritten but very real policy within the Detroit Police Department to the effect that officers who report possible wrongdoing on the part of the mayor, his family or any member of his staff or Executive Protection Unit are to be dealt with swiftly and harshly."
Included in Dietz's report were comments from attorney Norman Yatooma, who represents Greene's son in a lawsuit that claims the investigation of his mother was wrongfully quashed.
"Certainly," says Yatooma, "if Kwame Kilpatrick had no culpability here, he would bend over backwards to make this investigation possible, open the file, let everybody see what there is to see. Right? If you have nothing to hide, you hide nothing. But he hides everything, everything that can touch him or those close to him."
Asked by an anchor why these officers were just coming forward now, Dietz replied that, with Kilpatrick now out of office, the cops finally felt it was safe for them to step up and tell the truth.
Where that truth may lead, News Hits can't say. All we can hope is that, with a new administration in place and Kilpatrick's appointees no longer running the Police Department, the investigation into the killing of Tamara Greene will finally be conducted with the diligence that should have been applied from the start.
As for any future bets, we'll be hedging them.
Tamara Greene's killing to get a real investigation
Detroit Examiner
October 2, 2009
For years, rumors circulated about a wild party at the Manoogian Mansion in 2002, hosted by disgraced ex-Mayor Kwame Kilpatrick, and featuring strippers. It was further said the Mayor's wife Carlita came home earlier than expected and battered one of the strippers, a woman named Tamara Greene, whom security men drove to Detroit Receiving Hospital.
His Honor swore up and down that there was no such party, and Attorney General Mike Cox backed him up, calling the party "an urban legend."
Tamara Greene, whose stripper name was "Strawberry," was shot to death on April 30, 2003 on Detroit's west side whie sitting in her car with boyfriend Eric Mitchell. The hail of bullets came from an SUV, and though the vehicle made a second pass around Greene's car, and its two occupants could see that Mitchell was only wounded, did not shoot him again. That meant that Greene had been the target.
I think there is no longer any doubt that there was indeed a party at the Manoogian Mansion, and I make that claim based upon events that transpired after Greene was killed. For Detroit police, it began as an ordinary homicide investigation.
But when a homicide detective tried to run down a lead involving the party or the Mayor, his effort was quashed by the police brass. Some cops were transferred or demoted.
Former homicide detective Alvin Bowman claimed in a sworn affidavit that Greene was killed by a member of the Detroit police department based on the shooting pattern and the type of weapon used.
A second investigator said he was demoted for investigating the Greene shooting. He has filed a civil action against the city and three top cops, claiming the latter protected an elected official by covering up that official's relationship with Greene.
The investigation was put into the cold case file a year early by department standards.
Greene's family filed a lawsuit in 2005 against top city and police officials alleging that they obstructed the investigation for political purposes. Recently a team of relatively new officers filed sworn affidavits that they were shut down when they tried to follow leads in the case.
By the way, one lead that was quashed was that Kwame Kilpatrick's name came up as an associate of self-proclaimed hit man Vincent Smothers. If that name sounds familiar, then you may have read my article "The Runyon Street murders," 9/19/09, in which Smothers confessed to being one of the shooters in a dope house raid.
Policeman Ira Todd said he established a possible connection between Smothers and a reputed drug dealer in Lexington, Kentucky who claimed to have personal and professional connections to Kilpatrick. That lead was also shut down in the last few months of Kilpatrick's mayorship.
Recently a team of relatively new officers filed sworn affidavits that their attempts to investigate the Greene case were thwarted. When Police Chief Evans read this stack of affidavits he could not have been happy.
In a news item on the front page of this morning's Detroit Free Press, Evans announced that the Greene case was being re-opened, big time. The file was disinterred from the cold case stack to the top priority of the Violent Crimes Task Force, a multi-agency effort that includes the FBI, the Michigan State Police, and the Wayne County Sheriffs' Department.
"I'm not really comfortable with why (the prior) investigation didn't continue, why certain things stopped at the time they did," he said. "There might be valid reasons, but I don't see them." He also said: "The community doesn't buy--whether reality or perception--certain things didn't happen. I've got a responsibility to put that to rest. Because at the end of the day, without the citizen's support we don't go anywhere in this city."
The language may seem a bit tepid, probably because plaintiff's lawyers were hanging on every word, but the action was strong. And, after all, it is the action that really counts.
Task force to investigate Tamara Greene murder
Detroit News
October 2, 2009
Detroit -- City police are moving the investigation of slain exotic dancer Tamara "Strawberry" Greene to a multi-jurisdictional violent crimes task force, giving it greater priority in a bid to solve the 6-year-old case.
"Most people don't feel that it was closed because there were no other leads, but for political reasons," Detroit Police Chief Warren Evans said Thursday. "The job of the department is to make sure the public knows we're going to do what we do, when we need to do it. That's the right thing to do."
Evans couldn't immediately say how many officers would be assigned to the case, or what methods the task force, which includes representatives from the FBI, Michigan State Police and other agencies, might pursue to expand an investigation.
But he said moving the case to the task force would "give fresh eyes" to the case.
Controversy has raged over the investigation into Greene's death in a drive-by shooting in Detroit on April 30, 2003. Greene was linked to a rumored, but never proven, party at the Manoogian Mansion when Kwame Kilpatrick was mayor.
Greene's family sued top city officials, including Kilpatrick, and police officials in 2005, alleging they obstructed the investigation of her unsolved killing for political reasons. That case, in which tens of thousands of text messages sent and received by Kilpatrick and other city officials were subpoenaed for private review by federal magistrate judges, could go to trial next year.
Norman Yatooma, an attorney representing Greene's family in the lawsuit, welcomed the move. He said if the task force "begets justice for Tammy Greene's killers and answers for Tammy Greene's family, then all of the toil and all of the text messages -- all of the effort and all of the affidavits -- will be well worth it."
Maria Miller, a spokeswoman for Wayne County Prosecutor Kym Worthy, said her office's investigation of Greene's murder is "ongoing," but declined to say whether the task force would affect it.
Lawyers for the city couldn't be reached for comment.
Mayer Morganroth, an attorney representing former Kilpatrick Chief of Staff Christine Beatty, who is named in the Greene family suit, said he was "in favor of anything that could be done to find the guilty party."
Kilpatrick and other top city and police officials have denied the allegations.
There have been other actions involving the investigation:
Last week, Odell Godbold, a former sergeant in charge of the Detroit Police Department's "cold case" unit, filed a lawsuit in Wayne Circuit Court against the city and three of his former supervisors, alleging they "protect(ed) an elected official by covering up information regarding the official's connection to Greene."
Godbold alleges he learned that Greene and an off-duty Detroit police officer who moonlighted as a stripper performed at a 2002 party at the Manoogian Mansion. It was the officer, not Greene, who was assaulted at the party and received a three-week leave of absence to recover from her injuries, the lawsuit alleges.
In June, an Oakland County judge set aside a default judgment she had granted to Cenobio Chapa, a former Detroit emergency medical technician who claimed he lost his job after coming forward with information related to Greene's case. In an affidavit, Chapa said he saw an injured woman at Detroit Receiving Hospital in fall 2002 who said she had been assaulted by Carlita Kilpatrick, Kwame Kilpatrick's wife.
A civil lawsuit filed by Douglas Bayer, another former city paramedic who lost his job after he said he witnessed a disturbance outside the hospital related to the rumored Manoogian party, is pending in Macomb Circuit Court. The federal lawsuit was expected to go to trial later this year.
Bayer told investigators he saw a large crowd outside the hospital when he arrived for a call, and a man he later concluded was a member of the mayor's executive protection unit attempted to prevent him from taking his patient to the emergency room.
A former homicide detective, retired Lt. Alvin Bowman, alleged in a lawsuit that he was transferred out of the homicide department for attempting to investigate Greene's killing. Bowman said in an affidavit filed in the Greene case that he believed Greene was killed by a Detroit police officer. Besides the caliber of handgun used, Bowman has not revealed what evidence he has to back up that claim.
Officers fight subpoenas
Detroit News
October 16, 2009
Detroit — Three Michigan State Police detectives filed court papers Thursday asking a federal judge to quash subpoenas ordering them to testify in a lawsuit brought by the family of slain exotic dancer Tamara "Strawberry" Greene.
The officers, Detective Lt. Curt Schram, Detective Sgt. John Figurski and Detective Sgt. Mark Krebs, were involved in a 2003 state police investigation into a rumored but never proven stripper party at the Manoogian Mansion mayoral residence in Detroit.
The state police investigation was shut down a few months after Attorney General Mike Cox ended his own probe and declared the party at the home of former Mayor Kwame Kilpatrick an "urban legend."
Greene, who was linked to the rumored party, was killed in a drive-by shooting in Detroit on April 30, 2003. Her family is suing Kilpatrick and top city and police officials, alleging they obstructed the investigation of her still unsolved killing for political reasons.
Kilpatrick and the other defendants deny the allegations.
In a court filing, the Michigan State Police detectives who investigated the Manoogian party said they have been subpoenaed to provide testimony and records in the Greene lawsuit and they want the subpoenas quashed.
The three officers "were involved in an investigation of then-Mayor Kwame Kilpatrick in 2003 unrelated to the Tamara Greene homicide," they said in court papers filed by a lawyer from the state attorney general's office.
Deponents "object to the production of any documents and to any questions to elicit testimony about ... information obtained during that investigation pursuant to the use of investigative subpoenas," the detectives said.
"Such information is confidential and may be disclosed only under those circumstance authorized by law."
Also, the officers now work in Grand Rapids, Adrian and Bad Axe, and requiring them to travel to the Detroit area to be deposed in the case "would require undue burden and expense," the court filing said.
Norman Yatooma, the Birmingham attorney representing Greene's family, could not be reached for comment.
The Greene case could go to trial next year before Chief U.S. District Judge Gerald E. Rosen.
Tamara Greene's family lawyer accuses Cox of cover-up
Detroit News
October 17, 2009
Detroit -- The lawyer for the family of slain exotic dancer Tamara "Strawberry" Greene says Attorney General Mike Cox was "trying to cover his gubernatorial-hopeful tail" when attorneys from Cox's office filed objections this week to subpoenas filed in the family's lawsuit against the city of Detroit.
Attorney Norman Yatooma wants to question under oath three Michigan State Police detectives who investigated rumors of a wild stripper party at the mayor's Manoogian Mansion in 2003.
In a court filing Thursday, lawyers from the attorney general's office, representing the Michigan State Police, objected to documents and testimony requested in the subpoenas, saying the detectives don't have records that relate to the civil lawsuit and that information they gathered during their investigation must be kept confidential.
Jon Sellek, a spokesman for Cox, said lawyers from the attorney general's office are putting forward the Michigan State Police's objections because the attorney general is required to represent state agencies by law, not because Cox has directed them to do so, Sellek said.
"The attorney general wants to see the Greene murder case solved," Sellek said Friday. "He's glad that (Detroit Police) Chief (Warren) Evans is looking at the case again."
But Yatooma isn't buying it.
"This is just the work of Cox trying to cover his gubernatorial-hopeful tail," Yatooma said in response to the court filing. "Anyone who says otherwise is just spinning an 'urban legend.' , "
Yatooma's comments were a reference to Cox dismissing as "urban legend" rumors of former Detroit Mayor Kwame Kilpatrick holding a wild party at the mayor's mansion in the fall of 2002. Cox's office investigated the rumors, and a parallel state police investigation ended a few months later with no proof the party ever happened.
The state police issued a statement Friday, clarifying that "the detectives have every intention of providing deposition testimony subject to certain procedural and legal guidelines outlined in the motion."
The motion was intended to "lay out legal groundwork," said the statement from Inspector Greg Zarotney, the state police litigation coordinator.
Greene, who was linked to the rumored party, was killed in a drive-by shooting in Detroit on April 30, 2003. Her family is suing Kilpatrick and top city and police officials in federal court in Detroit, alleging they obstructed her murder investigation for political reasons.
Kilpatrick and the other defendants deny the allegations.
Cox and the stripper
Metro Times
Nov 18, 2009
It has long been rumored that Michigan Attorney General Mike Cox a) covered up the legendary-though-unproven "party" at the Manoogian Mansion and/or b) then somehow impeded the investigation into the death of Tamara Greene.
Greene, aka "Strawberry," was, of course, the woman once primly described by the Detroit News as a "thick-bodied stripper." She was shot to death in a drive-by in April 2003. Though the papers don't often mention this, it needs to be noted that nobody has ever turned up a shred of evidence that any of the charges against Cox were true. Nor has anybody, in our leak-happy nation, ever claimed to have been at the infamous party.
Nevertheless, there are many who think this case has the potential to torpedo Cox's run for governor next year. This includes both Republicans backing other candidates, and Democrats who would like to see him get the nomination, and then be destroyed by some such revelations.
However, a little reality check is in order. First of all, just in case you are new to the scene, here's a quick summary. According to legend, Kwame and cronies staged a stag party with strippers at the Manoog. There are various versions of what happened, but, according to the most usual one, Carlita Kilpatrick turned up to discover Strawberry servicing Hizzoner, and then supposedly beat up the stripper. Later, Strawberry did, in fact, get whacked.
The whispers are that Cox covered this up, possibly because — even though he is a Republican — he has ties to the Wayne County political machine and used to work for Mike Duggan.
How likely is it that any of this is true? Logically, it makes little sense. There would be no reason for a politically ambitious Republican attorney general to protect a corrupt black mayor of Detroit. Granted, Cox was concealing his own extramarital affair from the public at the time. But there is no text message or other evidence of a quid pro quo.
Conceivably, Cox may not have pursued the investigation into the "party" aggressively enough. The political climate was much different in the early days of the Kwamester's rule. To be seen as aggressively going after the young black mayor might not have been politically smart. Kilpatrick, remember, was strongly backed by the same business interests whose support Cox also needs. Way back in 2004, Cox told me that he had looked but found no proof that there was any such party, though he had turned up lots of evidence of Kwame behaving badly.
His report at the time did say (all too correctly) the mayor had put the city at risk of a big-time lawsuit. As for Strawberry's murder: The lady, by all accounts, was a stripper with a drug problem. Folks like that are usually not seen as good risks by life insurance firms.
Absent any evidence, there is no good reason to assume Kwame Kilpatrick had her bumped off. Now, don't get me wrong. I think the former mayor is a thug who should be doing hard time.
Mike Cox is ruthlessly ambitious, and all about getting himself elected governor. But it makes little sense to assume Kwame had the stripper killed. It makes even less sense to think he and Cox were in cahoots to cover this up somehow. And the idea that this will affect the race for governor is wacko, unless a smoking gun is suddenly produced. The voters are going to care about essentially one thing next year: the economy.
Nobody is going to give a damn whether Cox did enough eight years earlier to investigate a corrupt, long-gone mayor whom, in the end, he helped send to jail. Anybody who thinks otherwise needs to get out and talk to real humans, especially those without jobs.
Should Kilpatrick be allowed to sue Attorney Stefani over text messages?
Detroit Examiner
October 28, 2009
When the news came out about secret text messaging shared between Kilpatrick and one of his top aids Christine Beatty, the city went into turmoil.
Then came the lying under oath, jail time for both Kilpatrick and Beatty,But it doesn't stop there. Now comes the possibility that the attorney involved in the case has also perjured in court as well.
With all the twist and turns in this case, three ex-police filed suit and was awarded $8.4 million. With other now coming forward to tell what they know. The rumored infamous "urban legend," party where,Tamara Greene allegedly was shot after dancing at the party and was killed over the possibilities of what she too knew.
It don't stop there, now comes Kilpatrick again and again. This time a new controversy begins, do Kwame Kilpatrick have legal ground to sue Attorney Mike Stefani?
Kilpatrick filed a suit today in Wayne County Circuit Court, citing Stefani’s recent testimony that he leaked the text messages to the Free Press that toppled Kilpatrick’s administration and sent him to jail.
The suit is considered unusual, because questions are raised about Kilpatrick being the plaintiff. Generally, people filing suit must demonstrate that they have legal standing to sue; that is, that they are sufficiently affected by the alleged injury outlined in the suit. Kilpatrick admitted that the release of the text messages were humiliating, but the only damages Kilpatrick specifically cites are those allegedly suffered by the city, not by him personally. Stefani signed an agreement that called on him to turn over all copies of the explosive messages in exchange for settling police whistleblower suits involving three ex-Detroit cops for $8.4 million.
Stefani had no agreement with Kwame. Therefore, how can Kwame sue him? If there's any lawsuit, it should be filed by the city. Kilpatrick argues that the agreement was breached, because Stefani leaked the text messages to the Free Press in October 2007.Any damages from the suit would go to the city of Detroit and not Kilpatrick, said Kilpatrick’s lawyer, James Thomas, who filed the lawsuit.
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Cox may testify in stripper case
Grand Rapids Press
October 31, 2009
DETROIT -- Michigan Attorney General Mike Cox wants to testify as part of a civil lawsuit involving a stripper's slaying. Tamara Greene's family is accusing ex-Detroit Mayor Kwame Kilpatrick and other officials of hindering an investigation into her death.
The 27-year-old is rumored to have danced at a never-proven 2002 party at the mayor's official residence months before she was killed. Cox determined the party was an urban legend. The family's lawyer is deposing three state police investigators who have claimed Cox impeded their investigation into the party.
Cox denies the allegation.
City of Detroit objects to text messages in case
Morning Sun, The (Mount Pleasant - Alma, MI)
November 1, 2009
DETROIT (AP) - The city of Detroit has objected to the admissibility of 35 of 36 text messages from city-issued pagers that could be made available to an attorney representing the family of a slain exotic dancer.
In a court filing Friday, the city said the messages were irrelevant to the case brought by Tamara Greene's family. A federal judge cleared the messages first for review by city lawyers then by attorney Norman Yatooma.
Greene's family is suing the city, ex-Mayor Kwame Kilpatrick and other officials. Yatooma claims they stifled a police investigation into her 2003 shooting death. The 27-year-old Greene is rumored to have danced at a never-proven wild party at the mayor's official Manoogian Mansion residence a few months before she was killed.
Report: Detroit police removed 30 tapes from probe into Manoogian Mansion party
MLive
Nov 08, 2009
A Michigan State Police detective testified that Detroit police prevented him from reviewing tapes of 911 calls and computer files that might have contained evidence of a rumored party at the official mayoral residence in 2003, a newspaper reported Sunday.
The Detroit Free Press quoted Sgt. Mark Krebs as saying in a sworn deposition that senior city police officials barred him from taking a box of 36 tapes from Detroit police headquarters shortly after the April 30, 2003, drive-by shooting of exotic dancer Tamara Greene, who was said to have performed at the never-proven party.
Krebs testified that when he and other state detectives returned to police headquarters the next day to collect the box of tapes, they found 30 tapes missing.
"We were appalled," Krebs said in a six-hour deposition obtained by the newspaper. He testified in a lawsuit brought by Greene's family alleging city officials and police undermined the investigation of her death.
Former Mayor Kwame Kilpatrick, police officials and lawyers for the city have denied the allegation.
Krebs said he was unsure whether the tapes that investigators had subpoenaed contained 911 dispatch calls or backup files from police executive computers. In either case, Detroit police officials would not let the tapes leave headquarters, Krebs said.
In a compromise, the tapes were sealed in a box and locked in a walk-in vault. The next day, Krebs said, investigators discovered the seal was broken and 30 tapes were missing.
Detroit Police Cmdr. Russell Decrease, who Krebs said refused to hand over the tapes on orders from senior officials, declined to comment on Krebs' testimony.
State Police Lt. Curtis Schram, who also worked the investigation of Greene's death, has testified in a separate case that Detroit police told state investigators they removed the 30 tapes because they had turned over too much information.
Krebs also testified that Attorney General Mike Cox impeded the state's investigation, but Cox said that was not the case.
"To this day, no one in the State Police, our office or the media has identified someone who was there or could provide any evidence in a courtroom that there was a party," Cox said.
Krebs testified he never found anybody who attended the party.
Attorney Jeffrey Morganroth, who represents former Kilpatrick chief of staff Christine Beatty in the lawsuit, said it was curious that "most of the focus seems to be on the rumored party when the case is supposed to be about Greene's death."
Cox has agreed to sit for a deposition in the Greene case, but a date hasn't been set.
Detroit Police Chief Warren Evans recently assigned the investigation of Greene's murder to a local, state and federal violent crimes task force. Detroit police and the FBI declined to comment on the investigation.
Report: Detroit police took 30 tapes from probe
Grand Rapids Press
November 9, 2009
DETROIT -- A state police detective testified Detroit police prevented him from reviewing tapes of 911 calls and computer files that might have contained evidence of a rumored party at the official mayoral residence in 2003. Sgt. Mark Krebs said senior city police officials barred him from taking 36 tapes from Detroit police headquarters shortly after the April 30, 2003, drive-by shooting of exotic dancer Tamara Greene, who was said to have performed at the never-proven party. Krebs said 30 tapes were missing the next day.
Michigan State Police detective testified that Detroit police prevented him from reviewing tapes of 911 calls
Morning Sun, The (Mount Pleasant - Alma, MI)
November 9, 2009
DETROIT (AP) - A Michigan State Police detective testified that Detroit police prevented him from reviewing tapes of 911 calls and computer files that might have contained evidence of a rumored party at the official mayoral residence in 2003, a newspaper reported Sunday.
The Detroit Free Press quoted Sgt. Mark Krebs as saying in a sworn deposition that senior city police officials barred him from taking a box of 36 tapes from Detroit police headquarters shortly after the April 30, 2003, drive-by shooting of exotic dancer Tamara Greene, who was said to have performed at the never-proven party.
Krebs testified that when he and other state detectives returned to police headquarters the next day to collect the box of tapes, they found 30 tapes missing.
"We were appalled," Krebs said in a six-hour deposition obtained by the newspaper. He testified in a lawsuit brought by Greene's family alleging city officials and police undermined the investigation of her death.
Former Mayor Kwame Kilpatrick, police officials and lawyers for the city have denied the allegation.
Krebs said he was unsure whether the tapes that investigators had subpoenaed contained 911 dispatch calls or backup files from police executive computers. In either case, Detroit police officials would not let the tapes leave headquarters, Krebs said.
In a compromise, the tapes were sealed in a box and locked in a walk-in vault. The next day, Krebs said, investigators discovered the seal was broken and 30 tapes were missing.
Detroit Police Cmdr. Russell Decrease, who Krebs said refused to hand over the tapes on orders from senior officials, declined to comment on Krebs' testimony.
State Police Lt. Curtis Schram, who also worked the investigation of Greene's death, has testified in a separate case that Detroit police told state investigators they removed the 30 tapes because they had turned over too much information.
Krebs also testified that Attorney General Mike Cox impeded the state's investigation, but Cox said that was not the case.
Cox will face questions in slain stripper lawsuit
Detroit News
November 10, 2009
Detroit -- Michigan Attorney General Mike Cox will sit for a deposition next month in the lawsuit involving slain dancer Tamara Greene, a federal judge said today.
Cox is expected to be deposed on Dec. 11 in the lawsuit by the family of the slain dancer.
Greene, linked to a long-rumored but never proven 2002 party at the Manoogian Mansion, was killed in a Detroit drive-by shooting in 2003. Her family claims city and police officials obstructed the investigation of her murder for political reasons. The city denies the allegations.
Cox investigated the rumored party and concluded it was an "urban legend." State police investigators, who were later deposed by Norman Yatooma, the attorney for Greene's family, claim Cox quashed their investigation into whether the party happened.
Cox's deposition will be sealed under Cox's objection, Chief U.S. District Judge Gerald E. Rosen said.
"I understand why the attorney general wants them unsealed but that isn't the court's concern," he said.
Three other Michigan State Police officers also will be deposed, although no date was announced.
Also today, attorneys for the city conferred in the judge's chambers laying out their objection to the release of 36 text messages sent on city-owned pagers to defense attorneys. City attorneys do not want the messages released, claiming they have no bearing on the case.
Rosen said the trial will begin some time in May.
Cox candidacy haunted by unresolved case
Grand Rapids Press
November 15, 2009
If you're the self-described chief law enforcement officer in a state you'd like to be governor of, any news story that includes your name AND big city corruption, police coverups, vanished evidence and a murdered exotic dancer probably also should include some variation of the following:
"He cracked the case and sent people to prison."
Attorney General Mike Cox's problem is that he's lacking the last part to the story.
Whether it ultimately dooms his bid for the 2010 Republican nomination can't be said now. What is clear after last week, is that Cox is not in control of a corrosive narrative that could define his candidacy. And not in a good way.
Cox was just months in office when he took charge of an investigation into a rumored party at then-Detroit Mayor Kwame Kilpatrick's Manoogian Mansion residence and the drive-by shooting of Tamara Greene. She is rumored to have danced at the party. After five weeks, and a private, off-the-record meeting with Kilpatrick, Cox said the party was an "urban legend."
In a deposition by lawyers for Greene's family in a federal wrongful death lawsuit against the city, Michigan State Police detective Mark Krebs testified that Cox hindered MSP's efforts to verify if the party occurred. Detectives, according to a transcript obtained by the Detroit Free Press, were told by the attorney general's office "to let it go."
Cox denies his office acted improperly and he will provide his own testimony in a deposition scheduled for Dec. 11. Cox, asserting he has nothing to hide, wants the deposition to be held in public. U.S. District Judge Gerald Rosen said it would remain under seal.
Polling this fall has shown Cox to be the slight front-runner in a multi-candidate race for the GOP nod. He's the only statewide officeholder in the race. He has used his office to wage legal battles against late-term abortions and gay rights. Addressing an emerging economic populism within the Republican base, he's successfully fought rate increases by insurance companies and utilities. He's proposed the biggest tax cut of anyone in the field. His sharp rhetorical jabs against Gov. Jennifer Granholm and the Democrats are crowd-pleasers.
None of that much matters now. Southeast Michigan will provide perhaps half the vote in the primary next August. Voters there long ago were encouraged by the GOP to believe the worst about Kilpatrick, even before the worst was confirmed when perjury and corruption forced him from office last year.
Cox is in the difficult position of proving the party was fiction. The conspiracy story remains full of fuel open to any conclusion one would seek to draw.
As one Republican put it: Everyone out there is trying to prove there was a party at the Manoogian Mansion. No one is out there trying to prove there wasn't.
Right now, the headwinds Cox is facing are coming from press questioning in the aftermath of Krebs' testimony. There also is an undercurrent of doubt about his prospects among Republican political professionals in the lobbying and campaign corps.
The contest right now isn't for votes, but for campaign contributions. Donors who either have contributed money to Cox or are considering doing so may now have doubts. Ann Arbor venture capitalist Rick Snyder's campaign adviser Chuck Yob, openly asserted the cancellation of a Cox fund-raising event in Grand Rapids was directly related to those doubts.
Assuming Cox makes it to the point next year when campaign ads start airing, the most interesting question in this Republican race will be whether Cox's opponents, or some "independent" group, charges Cox was knee-deep in it all along.
Who does all of this help? Oakland County Sheriff Michael Bouchard primarily. Any damage done to Cox helps expand his base in southeast Michigan. U.S. Rep. Peter Hoekstra of Holland presumably would be less concerned with sharing his West Michigan base with Cox. And though the 2nd Congressional District doesn't include Kent County, Hoekstra no doubt is annoyed a bunch of county officeholders there last week endorsed Bouchard.
Still, both were probably pleased Snyder's operation, and not theirs, fired the first shot against Cox. Michigan Republicans haven't in modern memory hauled out the heavy artillery against each other.
Will a conservative Republican grassroots, who can't wait to level the Democrats next year, recoil when the target is one who has been officially representing their values for years now? At this point, Cox might have to count on it.
Lawyer in stripper case will get to see text messages
Detroit News
November 16, 2009
Detroit -- A lawyer for the family of slain exotic dancer Tamara Greene will be able to read all 36 city of Detroit text messages that federal magistrate judges have identified as potentially relevant to the family's lawsuit against the city of Detroit, a judge ruled today.
Chief U.S. District Judge Gerald E. Rosen ruled that only one sentence will be redacted from one of the text messages. Otherwise, they will all be turned over to Birmingham attorney Norman Yatooma, Rosen said in a court order.
Greene, 27, who was shot to death in Detroit on April 30, 2003, was linked to a rumored party at the mayor's Manoogian Mansion in the fall of 2002. Her family is suing former Detroit Mayor Kwame Kilpatrick and top city and police officials, alleging the investigation into Greene's still unsolved killing was obstructed for political reasons.
Kilpatrick and the other defendants deny the allegations.
U.S. magistrate judges spent months poring through more than 600,000 text messages sent by city employees before last month identifying 36 text messages as possibly relevant to the case. Lawyers for the city, who were given a chance to review the text messages and voice objections before Yatooma sees the test messages, argued that 35 of the 36 text messages were not relevant and should not be turned over to Yatooma.
But today, Rosen ruled otherwise.
"The court has determined that each of the 36 text messages should be disclosed to plaintiffs' counsel, with the exception of one sentence at the end of one of these messages, which will be redacted prior to production," Rosen said.
Yatooma still can't publicly disclose the contents of the text messages without the court's permission.
Rosen also granted Yatooma's request to have six current and two former Detroit police homicide officers review the Greene homicide file, which has been submitted to the court under seal.
Retired cops, civil lawsuits fuel investigation into Tamara Greene's death
Detroit Examiner
November 25, 2009
The unsolved murder of Tamara Greene, aka Strawberry, is now in the hands of the multi-jurisdictional Violent Crimes Task Force. Yet there are other parties whose thoughts and actions may shed light on events preceding and following the woman's murder.
Recently, a retired cop who worked the Greene case has named the man he believes killed Greene, and two civil lawsuits could provide a wealth of information relevant to both the crime and its initial investigation.
Retired investigator Mike Carlisle had worked the Greene case, and recently named one Darrell King as the most likely suspect. King is currently doing 25 years for charges arising from a botched armed robbery in 2004. This is problematic because if King was the shooter he is likely to beat a murder charge. He has no incentive to confess, and the only witness to the attack was Greene's boyfriend Eric Mitchell, who was in Greene's car and wounded in the April 30, 2003 shooting, but who has said that King was not the shooter. He should know because he, as well as Greene, knew Darrell King.
Carlisle also spoke about the rumored 2002 Manoogian Mansion party during which many believe Greene was assaulted by then-Mayor Kwame Kilpatrick's wife. While Carlisle believes there was such a party, he is convinced that Greene was not there, in her 'Strawberry' persona or otherwise. The motive for Greene's killing was a dispute over drugs, he believes, and nothing more.
The plaintiff's lawyers in the civil cases do not buy into the retired cop's opinion because it does not support their theories that high ranking city officials, including Kilpatrick, actively interfered with the Greene investigation during Kilpatrick's tenure. That's the meat of the case filed on behalf of the Greene family by Birmingham lawyer Norman Yatooma.
The other case, filed by attorney Mike Stefani on behalf of Ira Todd touches on that same issue. Todd, who also investigated the Greene killing, claims he was transferred from the prestigious task force to a desk job in May, 2008 because he was looking into the claim of a Kentucky drug dealer and aquaintance of self-proclaimed hit man Vincent Smothers that he, the dealer, had a relationship with Kilpatrick.
For a city and police force that has made the Greene case a priority, these cases are a double-edged sword. On the one hand, civil attorneys have more flexibility in conducting investigations because a civil defendant's freedom isn't at stake, so they might turn up information that could provide leads in the criminal investigation. On the other hand, the goal of these cases is to win money damages from a city that is already strapped for cash.
While these matters proceed with measured deliberation, they are certainly worth following.
Cox to continue deposition in slain stripper lawsuit
Detroit News
December 11, 2009
Detroit -- Michigan Attorney General Mike Cox ended a daylong deposition in the Tamara Greene civil lawsuit shortly after 5 p.m. today but is still not finished answering questions in the case.
Norman Yatooma, the Birmingham attorney representing the family of the slain exotic dancer, said he is not finished questioning Cox and a date will be scheduled next week to complete the deposition. Yatooma would say little about the deposition, citing a judge's order, but said the question and answer session was "not cordial."
Cox also had little comment on the deposition. "I tried to answer all the questions," he said as he left the federal courthouse in Detroit.
The family of Tamara "Strawberry" Greene, a stripper linked to a rumored party at the mayor's Manoogian Mansion in the fall of 2002, is suing former Detroit Mayor Kwame Kilpatrick and top city and police officials, alleging they obstructed the investigation of Greene's April 30, 2003, shooting death for political reasons.
Kilpatrick and the other defendants deny the allegations.
Federal court rules limit the length of depositions to seven hours without a special court order. Several breaks and interruptions in Friday's deposition means a good chunk of the seven hours has not yet been used, Yatooma said.
Cox, who is seeking the Republican nomination for governor, investigated the rumored Manoogian party in 2003 personally interviewed Kilpatrick and dismissed the party story as an "urban legend."
Yatooma entered the courthouse shortly before 9 a.m., minutes before Cox. He said the lawsuit is about a cover-up -- one that he said Cox was in a better position than most people to expose.
"We'll be in there all day," Yatooma said.
Cox's deposition is being taken under seal by orders of Chief U.S. District Judge Gerald E. Rosen, who is concerned that publicity surrounding the Greene case could hamper the ongoing Detroit police investigation into her death.
Cox spokesman John Sellek said Cox's office plans to make a motion to unseal the deposition once a transcript is made, though he did not know when that would happen.
"We did a righteous investigation," Cox said. "All the intervening history from that time shows that."
Officials with the Michigan State Police, who continued to investigate the rumored Manoogian party for months after Cox halted his investigation but were able to prove nothing, have criticized Cox for halting his probe too soon.
Cox deposition in stripper lawsuit gets heated
Detroit New
December 12, 2009
Detroit -- Michigan Attorney General Mike Cox spent Friday answering questions under oath in connection with a federal lawsuit brought against Detroit officials by the family of a slain exotic dancer.
But he still isn't finished testifying in the case.
Friday's daylong questioning of Michigan's top law enforcement official and gubernatorial hopeful -- which has no recent precedent -- apparently grew heated, and Chief U.S. District Judge Gerald Rosen had to be called on to resolve disputes.
Both Cox and Norman Yatooma, the lawyer for the dancer's family, said as they left the federal courthouse shortly after 5 p.m. that they need to schedule a date to complete the deposition. That's expected to happen next week.
Neither would say much about the deposition -- citing orders from Rosen -- but Yatooma described the session as "not cordial," and said: "It's not nearly finished."
Cox said: "I tried to answer all the questions."
The family of Tamara "Strawberry" Greene, a dancer linked to a rumored party at the Manoogian Mansion in fall 2002, is suing former Detroit Mayor Kwame Kilpatrick and top city and police officials, alleging they obstructed the investigation of Greene's April 30, 2003, shooting death for political reasons. Kilpatrick and the other defendants deny the allegations.
Cox, who is seeking the Republican nomination for governor, investigated the rumored party in 2003, personally interviewed Kilpatrick and dismissed the party story as an "urban legend."
He's been criticized by officials in the Michigan State Police and others, who said he shut down his investigation too soon and didn't question Kilpatrick under oath.
But Cox said on his way into the deposition Friday that he does not expect the Manoogian issue to dog or hamper his campaign for governor.
"We did a righteous investigation," he told reporters. "All the intervening history from that time shows that."
Federal court rules limit depositions to seven hours without a special court order. But due to a number of breaks in Friday's session, a good chunk of that time has not been used, Yatooma said. Rosen did not sit in on the deposition but had to get involved Friday, holding a meeting with the parties in his chambers to resolve objections, court records show.
Cox, who is not a defendant in the case, could have successfully fought the subpoena but wanted to tell all he knows that might relate to the case and wants Greene's killing solved, spokesman John Sellek said.
Yatooma said as he arrived at court Friday that Cox was in a good position to expose a cover-up related to Greene's killing but failed to do so.
He accused Cox of exhibiting "false bravado" about the deposition because he said Cox knows the transcript will be sealed by Rosen and the public won't learn what was said.
"He'll be beating his chest, much like a man at the zoo outside the gorilla cage where he's protected by the shatter-proof glass," Yatooma said of Cox.
But Cox has said he would have preferred to answer Yatooma's questions in public.
Sellek said Friday that Cox's office plans to make a motion to unseal the deposition once a transcript is made, though he did not know when that might happen.
Rosen ordered the sealing of the Cox deposition, like many others being taken in the case, because he said he is concerned that publicity surrounding the Greene case could hamper the Detroit Police investigation into her death.
Caption: Michigan Attorney General Mike Cox answers questions from the media as he arrives at the federal courthouse in Detroit for his deposition. Afterward, Cox said: "I tried to answer all the questions."
Norman Yatooma, a lawyer representing Tamara Greene's family, described the deposition as "not cordial."
Slain dancer's medical records sought
Lawyer wants to see if treatment linked to rumored party
Detroit News
December 16, 2009
Detroit --An attorney for the family of a slain exotic dancer is vowing to fight for medical records about possible treatment stemming from a never-proven party at the Manoogian Mansion after a hospital lawyer challenged his subpoena of them.
Court filings on Tuesday show Detroit Receiving Hospital is challenging a subpoena filed last week by the attorney for the family of Tamara "Strawberry" Greene in a federal suit against the city.
The attorney, Patricia Leonard, wrote that Norman Yatooma's request was "overly broad" and included "confidential patient information."
Yatooma said he plans to file a motion soon to compel officials to produce the documents.
"We're only looking for documents related to the medical care provided to her," he said. "There's no reasonable basis for them to suggest we're not entitled to them."
The filing is the latest in a suit alleging city officials obstructed the investigation of Greene's April 30, 2003, shooting death for political reasons. Greene was rumored to have danced at a party in fall 2002 attended by then Mayor Kwame Kilpatrick.
In an affidavit related to the case, Cenobio Chapa, a former city emergency medical technician, said he saw an injured woman at Detroit Receiving Hospital around the time of the rumored party who said she was assaulted by Kilpatrick's wife, Carlita.
Attorney General Mike Cox investigated the rumors in 2003, interviewed Kilpatrick and dismissed the party story as an "urban legend."
He was deposed Friday by Yatooma about the investigation.
Detroit Receiving objected to the subpoena, saying information would be protected by state and federal law and hospital officials couldn't locate any files "without critical identifiers including date of birth, Social Security number or dates of service."
The hospital would be "willing to locate and identify any responsive information should plaintiff be ordered to narrow its request" based on those reasons, Leonard said in the response.
Caption: Norman Yatooma, left, a lawyer representing Tamara Greene's family, says he plans to file a motion soon to compel Detroit Receiving Hospital officials to produce Greene's medical records.
Exotic dancer Greene wasn't treated at DMC, hospital group says
Detroit News
December 18, 2009
Detroit -- No woman named Tamara Greene or Tamara Bond was treated at any Detroit Medical Center emergency room in 2002, a lawyer for the hospital group said in a court filing today.
Tamara "Strawberry" Greene was an exotic dancer linked to a rumored party at the mayor's Manoogian Mansion in the fall of 2002. She was shot to death in Detroit on April 30, 2003, and Greene's family is suing former Detroit Mayor Kwame Kilpatrick and top city and police officials, alleging they obstructed a police investigation into her still unsolved killing.
Kilpatrick and the other defendants deny the allegations.
A central facet of the party rumor, as detailed in court filings in the case, is that Greene required hospital treatment after she was assaulted at the Manoogian party by Kilpatrick's wife, Carlita. That's why hospital records have become an issue in the case.
Charles Raimi, an attorney for the Detroit Medical Center, said recent subpoenas for medical records filed by Greene family attorney Norman Yatooma contain too little information for the hospital to respond to them while still complying with privacy laws.
"Plaintiffs' Dec. 9, 2009, subpoenas to Detroit Receiving and Sinai-Grace provide nothing more than the names 'Tamara Greene/aka Tamara Bond,' " Raimi said in a court filing. "Health care providers require, for a proper medical records search, such identifying information as a social security number, home address, date of service, etc."
Greene's son's name is Jonathan Bond, and she sometimes used the last names Bond or Bond-Greene.
Raimi said an earlier records request filed by the Greene family attorneys in August 2008 provided a social security number and a birth date for Greene.
"A search using just the social security number ... revealed no record of anyone using that social security number ever being treated at a DMC hospital," Raimi said.
"A search of the names Tamara Greene and Tamara Bond ... revealed no patient with such a name and a birth date matching the one supplied by plaintiffs' counsel," he said.
"A search for all records of all patients ... revealed that no person named Tamara Greene or Tamara Bond was treated at any DMC emergency room anytime during the year 2002," Raimi wrote. "The search did reveal other patients named Tamara Greene or Tamara Bond treated during the full period of the database across the DMC system, but the birth dates and treatment dates of those individuals make it clear they could not possibly have been the record of the Tamara Greene sought by plaintiffs' counsel."
Raimi said the DMC could do further checking if the social security number or date of birth provided in 2008 was not correct.
Tamara Greene case lawyer shuns critics, says he's now close to proving claims of coverup in Detroit
Michigan Lawyers Weekly
December 21, 2009
Norman A. Yatooma thought the whole story was just too implausible when he first heard the claims the family of Tamara Greene made against the city of Detroit and former Mayor Kwame Kilpatrick.
How, he wondered, was it possible that the largest city in Michigan, and its most prominent and powerful leaders, would derail the murder investigation of a young woman? The young mother and exotic dancer seemed an unlikely target of any murder plot, let alone a victim of the city's political elite, he thought.
Not only did the story sound impossible, but the lawyer who originally took the case was unable to get anywhere with representing Greene's son, Jonathan Bond. And she's a good lawyer, Yatooma added.
But she was overpowered by what he calls "some of the best law firms in town."
So, Bond's father, Ernest Flagg, asked Yatooma if he would take over in the suit against Detroit, Kilpatrick and former Chief of Police Ella Bully Cummings.
"It sounded to me like the makings of a bad movie script, and what was making the script bad was just plain bad writing," Yatooma said. "The script was so weak, no one would believe it."
But Yatooma, whose own father was murdered, couldn't look Bond in the eye and tell him no. In Bond, who was 10 years old when his mother was killed, Yatooma said he could see his own younger brothers who were about the same age when their father was killed.
Yatooma acknowledges that he was an unlikely pick to represent Bond in the family's quest to prove that the city of Detroit intentionally ruined the investigation.
But on a cold day in mid-December, Yatooma leaned forward, put his elbows on the table in the office at his Birmingham-based Norman Yatooma & Associates PC, and said, "I'm closer than ever."
He ran down a mental list of the people who he's deposed, and how each have a piece of the story that he now believes to be true: the city and the mayor did indeed thwart the investigation of Greene's murder.
"There have just been too many witnesses intimidated, too many documents destroyed, for the murder investigation to have been successful," Yatooma said. "The officers themselves made it clear that it's not because of any incompetence or apathy that this investigation went bad. It's because they were ordered to stop."
In the next few weeks, Yatooma will depose another 20 people, and he said he believes that very soon he's going to have all the evidence he needs to prove the coverup.
Speculation abounds as to why the investigation was closed less than a year after Greene's murder in 2003, even though the city's standard is to leave open murder investigations for a minimum of two years.
But Yatooma said none of that matters.
"The media has frankly made this case about something other than what it is. So many think it's about proving who killed Tamara Greene, who only rarely in the media is referred to anyone other than a stripper, or who is referred to by her stage name, "Strawberry" Yatooma said.
But even if he could do what the police has not been able to do -- find and arrest the person who fatally shot Greene as she sat in her car -- he's not a criminal prosecutor. He couldn't do anything about it.
"It's not about putting Kwame Kilpatrick in jail for having had a raucous party [where it is said that Greene had been hired to dance]," Yatooma said. "The party itself is not a crime. It is just one of the many plausible reasons her murder investigation could have been covered up."
Along the way, some of his peers have asked Yatooma if he was, frankly, crazy for taking on such an impossible case. But Yatooma shrugs in a way that would convince anyone that he's not lying when he says, "It doesn't matter if anyone thinks it's nuts. If it's right, it'svright."
No one thinks that now, he says.
"People now have come to expect that the mayor could cover up a murder investigation, and that he could have lied," Yatooma said.
He paused and added, "And that he possibly is capable of anything."
The making of a mercenary
Norman A. Yatooma has a penchant for impossible cases. He pursues them with the kind of ferociously competitive spirit that leads him to sometimes don the Rolex watch that used to belong to once-prominent Detroit businessman LeVan Hawkins.
Hawkins was a client who successfully sued Burger King Corp. for tens of millions of dollars when the company failed to follow through on opening more than 200 restaurants in urban areas.
But Yatooma said Hawkins fired him to get out of paying his fees, and after a four-year battle to collect, Yatooma raided Hawkins' home and office. And just days after Hawkins was found guilty of perjury in a federal corruption scheme, Yatooma auctioned off Hawkins' belongings to settle the debt.
Except for that watch, a jukebox and a sword, on which Yatooma engraved his motto: "A head for an eye, an arm for a tooth, An eye for an eye" just seems a little too even-handed to me," he said.
One of Hawkin's attorneys dubbed Yatooma a "rabid pit bull," a title Yatooma accepted as an honor. Michigan Attorney General Mike Cox has called him a "mercenary," Yatooma added, with the same sense of pride.
The latest additions to the collection of souvenirs are a couple of paintings by "painter of light" artist Thomas Kinkade.
On Dec. 7, the U.S. Supreme Court denied leave to appeal in a case that Yatooma's clients, art gallery owners Karen Hazlewood and Jeffrey Spinello, said they were duped into investing in Kinkade's franchise. They said he earned their trust by exploiting their religious faith.
According to the dealers, they were forced to sell Kinkade's works at minimum prices while Kinkade himself undercut them. When Kinkade bought the publicly traded company in 2004, at a loss to investors, some franchisees lost everything, Yatooma said.
Yatooma's clients were awarded $860,000, plus more than $1 million in attorney fees, in an arbitration settlement; in a bizarre twist, a San Francisco federal judge had originally overturned the arbitrator's decision, but in July, a federal appeals court restored it.
Lawyer presses for Kilpatrick's records in stripper lawsuit
Stripper-suit attorney wants judge to order Kilpatrick to respond
Detroit News
January 1, 2010
Detroit -- A lawyer wants a judge to order former Detroit Mayor Kwame Kilpatrick to produce records sought in connection with a lawsuit brought by the family of slain exotic dancer Tamara "Strawberry" Greene.
Norman Yatooma, the lawyer for Greene's family, said in a court filing he is still waiting for Kilpatrick to produce e-mails, correspondence and other records requested from him Nov. 18. Under federal court rules, Kilpatrick was supposed to respond by Dec. 16, Yatooma said in documents filed in U.S. District Court in Detroit late Wednesday.
"This court should enter an order compelling defendant Kilpatrick to respond ... and granting plaintiffs their reasonable costs and attorney fees in bringing this motion," Yatooma said in the court filing.
Greene, who was shot to death in Detroit on April 30, 2003, was linked to a rumored stripper party at the mayor's Manoogian Mansion in the fall of 2002.
Greene's family is suing the city, Kilpatrick and top city and police officials, alleging they obstructed the investigation into her still unsolved killing for political reasons.
Kilpatrick and the other defendants deny the allegations.
James C. Thomas, Kilpatrick's Detroit attorney, said Thursday he is surprised that Yatooma filed the motion because Kilpatrick and other defendants "have granted extensions of time very liberally to Mr. Yatooma."
"I don't need an order from the judge to respond," Thomas said.
"We have been in discussions with his office. We have agreed to provide (the responses) to the Yatooma firm. They have not yet been provided but will be in due course."
The records request seeks e-mails, correspondence, 911 tapes, police personnel files, city communication contracts, Detroit Fire Department run records and other documents.
It was sent not just to Kilpatrick, but to the city; Kilpatrick's former chief of staff, Christine Beatty; and all other defendants in the case.
The city of Detroit submitted its responses late Dec. 18, "evasive and incomplete as they are," Yatooma said in the court filing.
Beatty filed her responses Dec. 21, he said.
Judge gives city, Kilpatrick 7 days to turn over slain dancer's records
Detroit News
January 19, 2010
Detroit -- Foot-dragging will not be tolerated in connection with a lawsuit brought against the city of Detroit by the family of a slain exotic dancer, a federal judge has warned.
Chief U.S. District Judge Gerald E. Rosen has given the city and former Mayor Kwame Kilpatrick seven days to turn over records sought in connection with the lawsuit brought by the family of Tamara "Strawberry" Greene.
"In light of the disturbing trend ... that at least certain of the defendants appear to be consistently failing to provide timely responses to discovery requests ... the court cautions the parties and their counsel that any further failures to provide timely and appropriate responses to discovery requests will be met with escalating rounds of sanctions, up to and including dismissal of claims or the entry of judgment," Rosen said in an order issued late Friday.
The judge granted three "motions to compel" production of certain records filed by Norman Yatooma, the Birmingham lawyer representing Greene's family.
Greene was killed in a drive-by shooting in Detroit on April 30, 2003.
She had been linked to a rumored stripper party at the mayor's Manoogian Mansion in the fall of 2002.
Her family is suing the city, Kilpatrick and top city and police officials, alleging they obstructed the investigation of her still unsolved murder for political reasons. Kilpatrick and the other defendants deny the allegations.
The federal lawsuit was filed in 2005 and has yet to come to trial.
Records sought include e-mail, correspondence, 911 tapes, police personnel files, city communication records, Detroit Fire Department response records and other documents.
James C. Thomas, a lawyer for the former mayor, said in December Kilpatrick has agreed to provide the records he has and Yatooma did not need to file the motion.
Cox questioned in dancer lawsuit
Detroit News
January 26, 2010
Detroit -- Attorney General Mike Cox has completed seven hours of questioning in a federal lawsuit brought by the family of a slain exotic dancer, but a lawyer said Monday he still has more questions.
Witnesses in civil lawsuits can only be questioned under oath for seven hours without a court order to extend the deposition.
Norman Yatooma, a lawyer for the family of dancer Tamara "Strawberry" Greene, questioned Cox for about 3 1/2 hours Dec. 11 and for another 3 1/2 hours Monday.
"I've done my seven hours," Cox said as he left the courthouse. "If the court wants anything more out of me, I'll be here to provide it."
Chief U.S. District Judge Gerald E. Rosen last week denied a request from Yatooma to extend the deposition. But he said Yatooma could make a new request if he still had specific questions he wanted to ask after the seven hours were used up.
Yatooma said he plans to make the request, though "we're very happy with what we got today."
Rosen has ordered Cox and Yatooma not to talk about the deposition.
Greene, who was linked to a rumored stripper party at the mayor's Manoogian Mansion in fall of 2002, was killed in a drive-by shooting in Detroit on April 30, 2003.
Her family is suing the city, Kilpatrick and other defendants, alleging they obstructed the investigation of her still-unsolved slaying for political reasons. The defendants deny the allegations.
Cox, who is not a defendant and is seeking the Republican nomination for governor, investigated the rumored Manoogian Mansion party in 2003 and declared it an urban legend. He did not investigate Greene's killing.
Cox completes deposition tied to stripper's death
Grand Rapids Press
January 26, 2010
DETROIT -- Michigan Attorney General Mike Cox on Monday completed a deposition by Norman Yatooma, an attorney representing the children of slain Detroit stripper Tamara Greene. Yatooma alleges in a civil lawsuit that ex-Detroit Mayor Kwame Kilpatrick and other officials stifled a police probe into Greene's April 2003 shooting death.
Judge orders Detroit to turn over records in stripper case
Detroit News
January 28, 2010
Detroit -- A federal judge today ordered the city of Detroit to turn over additional records to an attorney representing the family of slain exotic dancer Tamara "Strawberry" Greene.
Greene, who was linked to a rumored stripper party at the mayor's Manoogian Mansion in the fall of 2002, was shot to death in Detroit on April 30, 2003. Her family is suing the city, former Mayor Kwame Kilpatrick, and top city and police officials, alleging they obstructed the investigation of her still unsolved murder for political reasons.
The defendants deny the allegations.
Today, U.S. Magistrate Judge R. Steven Whalen gave the city until Feb. 4 to turn over records including:
"Run sheets," activity logs or other records related to Greene's shooting.
Certain other activity logs of the Detroit police and the emergency medical services division of the fire department, with the caveat that any medical information and patient names are for attorneys' eyes only.
Certain inter-office communications between Christine Beatty, who was chief of staff to Kilpatrick, and three current or former top police officials, including former Police Chief Ella Bully-Cummings.
The personnel file of James Tolbert, who was then a Detroit police commander and is now a deputy chief.
Detroit EMS records for every Friday, Saturday and Sunday between Sept. 1, 2002 and Nov. 30, 2002.
City contracts with wireless cellular or text messaging service providers.
Written material related to Gary Brown, Harold Nelthrope and Walt Harris, three former officers who sued the city and Kilpatrick for whistle-blower violations.
Police overtime requests from Sept. 1, 2002 to Oct. 31, 2002.
Whalen also told the city to turn over to Birmingham lawyer Norman Yatooma, who represents Greene's family, certain computer data tapes "as soon as technically possible."
He denied a request for police and fire dispatch logs from Sept. 1, 2002 to Nov. 30, 2002, based on the city's assertions that such records do not exist. But he told the city to certify that "it has made a diligent and good faith search for the records."
Whalen denied Yatooma's request for e-mails for all city employees for specified time periods as "overly broad and excessively burdensome."
Last year, judges pored through hundreds of thousands of city text messages that were filed with the court under seal before determining that 36 of them might be relevant to the lawsuit. The contents of those 36 messages have not been revealed.
The city and Kilpatrick were earlier ordered to turn over records in the case. Yatooma recently filed a motion for default judgment, saying the records Kilpatrick provided were incomplete and the city provided no response by the court-ordered deadline.
Cox tells court he can't find his home phone records for stripper lawsuit
Detroit News
March 8, 2010
Detroit -- Attorney General Mike Cox can't turn over his home phone records in connection with a lawsuit brought by the family of a slain exotic dancer because he doesn't remember and can't find out what phone company he used in 2003, a federal judge was told today.
Norman Yatooma, the attorney for the family of dancer Tamara "Strawberry" Greene, has requested records of phone calls between Cox and four others from around the time in 2003 when Cox investigated a rumored stripper party at the mayor's Manoogian Mansion that allegedly occurred in the fall of 2002.
Frank Monticello, an attorney for Cox, told U.S. Magistrate Judge R. Steven Whalen that Cox has provided records from his office phone and his personal cell phone.
But officials in Cox's office haven't been able to determine what company provided Cox's home phone service in Livonia in 2003, despite seeking assistance from both the criminal division and the public service commission division, Monticello said.
Greene, who was linked to the rumored party, was shot to death in Detroit on April 30, 2003.
Her family is suing the city, Kilpatrick and top city and police officials, alleging they obstructed the investigation into Greene's still unsolved killing for political reasons. The defendants deny the allegations. The suit was filed in 2005.
Yatooma has subpoenaed records of calls between Cox and former Detroit Mayor Kwame Kilpatrick, former Detroit Corporation Counsel Ruth Carter, former Wayne County Prosecutor Mike Duggan, and former Kilpatrick top aide Conrad Mallett, Whalen was told today.
Cox thought it was AT&T, but it turns out it wasn't, Monticello said. There were about 60 companies providing home phone service in Livonia at that time and the three biggest ones say they don't have any Cox phone records, he said.
Whalen questioned whether Cox's office would not be able to find such home phone service information if it was conducting a drug investigation.
"We used all the powers of our agency," Monticello said.
After the hearing, Yatooma described Cox's claims as "pretty incredible."
"It's going to make the criminals in our state feel quite comfortable," Yatooma said.
Whalen reserved judgment on whether to order Cox to sign a waiver so Yatooma can go directly to the phone carriers to seek the records. Both the motion related to the phone records and Cox's response were filed under seal, but parts of their contents were revealed at a motion hearing today.
After investigating the rumored Manoogian party, Cox, who is seeking the Republican nomination for governor, declared it an "urban legend."
Whalen also heard arguments today that the Greene family should be awarded judgment in their lawsuit because of repeated foot-dragging in producing records by the city of Detroit and former Mayor Kwame Kilpatrick.
He refused to award a default but gave the city 14 days to hire a contractor to recover 911 tapes from around the time of the rumored party.
"There is clearly a pattern of disregard concerning the city's duties to gather, preserve and produce relevant evidence to the court and to plaintiffs," Yatooma said in a January court filing asking that the city and Kilpatrick be found in default.
911 transcripts ordered in stripper case
Detroit News
March 9, 2010
Detroit -- A federal judge on Monday ordered the city of Detroit to hire a contractor to recover and transcribe 911 tapes from around the time of a rumored stripper party at the mayor's Manoogian Mansion in the fall of 2002.
U.S. Magistrate Judge R. Steven Whalen gave the city 14 days to produce the transcripts, sought in connection with a lawsuit brought by the family of slain exotic dancer Tamara "Strawberry" Greene.
"It needs to get done," Whalen said of producing the long-sought transcripts.
Greene was shot to death in Detroit on April 30, 2003. According to court records, Greene may have been assaulted at the rumored 2002 party by Carlita Kilpatrick, the wife of former Detroit Mayor Kwame Kilpatrick.
Greene's family is suing the city, Kilpatrick and top city and police officials, alleging they obstructed the investigation into Greene's still unsolved killing for political reasons. Kilpatrick and the other defendants deny the allegations.
Robert Zawideh, an attorney for Greene's family, told Whalen the city should be found in default and lose the lawsuit because of foot-dragging in producing records. Whalen rejected the call, but stepped up pressure on the city.
John Schapka, an attorney for the city, said he located a contractor who can recover and transcribe 911 tapes from the fall of 2002. The work could be costly and take a couple of days, he told the judge.
Zawideh said outside court the tapes were initially sought during investigations into the rumored party by Attorney General Mike Cox and the Michigan State Police in 2003. State Police Detective Mark Krebs testified in a deposition that he and other investigators were about to leave Detroit police headquarters with a cache of 911 tapes when they were stopped by top police officials. Krebs testified the tapes were left in a sealed box, later found with the seal broken and tapes missing.
Also Monday, Whalen was told Cox, who is seeking the Republican nomination for governor, can't turn over his home phone records in connection with the lawsuit because he doesn't remember and can't find out what phone company he used in 2003.
Norman Yatooma, the lead attorney for Greene's family, subpoenaed records of phone calls between Cox and four others from around the time Cox investigated the party and declared it an "urban legend."
Yatooma wants records of calls between Cox and Kilpatrick, former Detroit Corporation Counsel Ruth Carter, former Wayne County Prosecutor Mike Duggan, and former Kilpatrick aide Conrad Mallett.
Frank Monticello, an attorney for Cox, told Whalen that Cox has provided records from his office phone and his personal cell phone and those records include calls to Carter and "maybe one to Mike Duggan."
But officials in Cox's office haven't been able to determine what company provided Cox's home phone service in Livonia in 2003, despite seeking assistance from both the criminal division and the Public Service Commission division, Monticello said.
Cox thought it was AT&T but it turns out it wasn't, Monticello said. There were about 60 companies providing home phone service in Livonia at that time and the three biggest ones say they don't have any Cox phone records, he said.
Whalen questioned whether Cox's office would not be able to find such home phone service information if it was conducting a drug investigation.
"We used all the powers of our agency," Monticello said.
After the hearing, Yatooma described Cox's claims as "pretty incredible."
"It's going to make the criminals in our state feel quite comfortable," Yatooma said.
Whalen reserved judgment on whether to order Cox to sign a waiver so Yatooma can go directly to the phone carriers to seek the records. Both the motion related to the phone records and Cox's response were filed under seal, but parts of their contents were revealed at the motion hearing.
Cox aide may testify in stripper case
Lawyer says ex-assistant AG may have information on probe of rumored party
Detroit News
March 12, 2010
Detroit -- A new potential witness has emerged in the Tamara Greene case -- one a lawyer for the slain stripper's family says has important information about Attorney General Mike Cox's investigation of a rumored Manoogian Mansion party.
She is Brooke Jordan, formerly known as Brooke Liszak, who worked as an assistant attorney general in the special litigation division of Cox's office before moving to Arizona several years ago.
"We believe she worked closely with Attorney General Cox and will have important information as to whether and why his investigation was compromised," Greene family attorney Norman Yatooma said Thursday.
Yatooma made his comments after attorney Mayer Morganroth filed a motion in federal court seeking to quash the deposition of Jordan and three other potential witnesses subpoenaed by Yatooma: ex-Detroit first lady Carlita Kilpatrick; father of former Mayor Kwame Kilpatrick, Bernard N. Kilpatrick; and former Detroit Police Chief Jerry Oliver.
Greene, linked to a rumored stripper party at the mayor's Manoogian Mansion in the fall of 2002, was shot to death in Detroit on April 30, 2003. Her family is suing the city, Kilpatrick, and top city and police officials, alleging they obstructed a probe of her unsolved killing for political reasons. Kilpatrick and the other defendants deny the allegations.
Cox, who is seeking the Republican nomination for governor, investigated the rumored party in 2003, personally interviewed Kilpatrick, and declared the party an "urban legend." Some Michigan State Police investigators complained Cox shut down his investigation too soon.
Morganroth represents Christine Beatty, Kwame Kilpatrick's former chief of staff and a defendant in the Greene lawsuit.
"I can't say," Morganroth said when asked Thursday about Jordan's connection to the case. "There's a gag order."
Chief U.S. District Judge Gerald E. Rosen has instructed attorneys to limit their public comments and required depositions and most new filings in the case be sealed. Rosen has justified the unusual level of secrecy by saying he does not want to compromise an ongoing Detroit police investigation of Greene's murder.
Jordan did not respond to an e-mail message sent to her Facebook page. John Sellek, a Cox spokesman, said that "seven years later, not one first-hand witness can substantiate the rumors."
In attempting to quash subpoenas seeking the depositions of Jordan, Carlita and Bernard Kilpatrick, and Oliver, Morganroth said Yatooma is violating commitments to limit the number of depositions he would take. Yatooma said at a Jan. 29 status conference he no longer planned to depose Bernard Kilpatrick or Oliver, Morganroth said in the court filing.
Jordan hasn't appeared on any of Yatooma's witness lists and was "never even identified as a person having knowledge in response to any discovery request issued by defendants," Morganroth said.
Morganroth did not cite any specific arguments against the Carlita Kilpatrick deposition, which Yatooma is trying to schedule in Texas, where the Kilpatricks now live.
Cox fails to file motion to unseal Greene deposition
AG doesn't file motion as spokesman said he would
Detroit News
March 16, 2010
Detroit -- Seven weeks after giving testimony in the Tamara Greene case, Attorney General Mike Cox has not moved to unseal the transcript of his deposition, as a spokesman said he would.
Cox was deposed over two days in the lawsuit brought by the family of Greene, an exotic dancer who used the stage name "Strawberry" and was linked to a rumored party at the mayor's Manoogian Mansion in Detroit in the fall of 2002.
Greene was shot to death in Detroit on April 30, 2003. Her family is suing former Mayor Kwame Kilpatrick and top city officials, alleging they obstructed her homicide investigation for political reasons. The defendants deny the allegations.
Cox, who is not a defendant and is seeking the Republican nomination for governor, investigated the rumored party in 2003 and declared it an "urban legend." He didn't investigate Greene's killing.
Cox said he would prefer to give his testimony in public.
"Over the attorney general's objections, it's my understanding that the court is going to seal his deposition," Cox attorney Frank Monticello said at a hearing in November.
Chief U.S. District Judge Gerald E. Rosen said, "I will seal his deposition initially," but "if the attorney general wants it unsealed, I'll entertain a motion to unseal."
During the first day of Cox's deposition in December, his spokesman John Sellek said Cox would make a motion to unseal the deposition.
But when Cox left the federal courthouse at the end of the deposition on Jan. 25 and was asked about unsealing his deposition, he said: "We argued that," but "the judge said no." No motion to unseal the deposition has been filed.
Sellek didn't return calls Monday asking whether Cox intends to ask for the documents to be unsealed.
Sellek has said that Cox, through his attorney, made it "very clear" to the judge he wanted the deposition transcript open before the judge ordered it sealed.
Bill Ballenger, editor of Inside Michigan Politics newsletter, said Cox had managed the public doubts about his investigation of Kilpatrick's fabled party at the Manoogian by strong public statements and visits to newspaper editorial boards, where he convinced public image-makers that all was fine.
"Seemingly, he did all the right things to indicate total transparency, nothing to hide. This seems to run counter to all of that. ...
Kilpatrick lawyer wants out
Grand Rapids Press
March 19, 2010
DETROIT -- An attorney for Kwame Kilpatrick has asked to withdraw from a civil lawsuit involving the ex-Detroit mayor. James Thomas filed a motion in U.S. District Court to step down as Kilpatrick's counsel in a suit filed by the family of a slain exotic dancer. Kilpatrick spokesman Mike Paul said Thomas is owed more than $20,000, but should be paid by the city because Kilpatrick was mayor at the time the suit was filed. The suit alleges that Kilpatrick and other city officials hindered a police investigation into the 2003 shooting death of Tamara Greene.
Yatooma says lawyer for city threatened him
Detroit News
March 20, 2010
Detroit - An attorney for the family of a slain stripper suing Detroit claims he was threatened by a lawyer for the city and wants him disqualified from the case.
Norman Yatooma filed a sealed motion to disqualify John Schapka on Friday. Yatooma declined comment; Schapka would only say there is "no merit" to Yatooma's claim and "there is no threat."
Yatooma is suing on behalf of the family of Tamara Greene, linked to a rumored Manoogian Mansion party in 2002.
Kilpatrick's wife, father to give deposition in stripper case
Detroit News
March 23, 2010
Detroit -- A federal judge today refused to quash subpoenas sent to the wife and father of former Detroit Mayor Kwame Kilpatrick in a federal lawsuit related to the killing of a slain exotic dancer.
Chief U.S. District Judge Gerald E. Rosen ruled that Carlita Kilpatrick and Bernard N. Kilpatrick can be questioned under oath by a lawyer for the family of slain dancer Tamara "Strawberry" Greene, as can Jerry Oliver, a former Detroit police chief.
But Rosen quashed a deposition subpoena issued to Brooke Jordan, a former assistant attorney general who now lives in Arizona.
Rosen made his rulings after asking the media to leave his courtroom and hearing arguments from lawyers behind closed doors.
Exotic dancer Tamara "Strawberry" Greene, who was linked to a rumored stripper party at the mayor's Manoogian Mansion in the fall of 2002, was shot to death in Detroit on April 30, 2003. Her family is suing the former mayor and top city and police officials, alleging they obstructed the investigation of Greene's still unsolved murder for political reasons.
An element of the party rumor, repeated in court records filed in the case, is that Carlita Kilpatrick assaulted Greene at the party.
Kilpatrick and the other defendants deny the allegations.
Rosen asked lawyers in the case to submit written replies by April 9 to a letter he received today from the Detroit Free Press asking that hearings in the case and documents filed in the case be kept open.
In closing today's hearing and requiring that documents be filed, at least initially, under seal, Rosen cited "the very real concern the court has of this case spiraling out of control to adversely impact the ongoing homicide investigation."
Rosen said he is also concerned about impinging on the privacy rights of people who are not parties to the case, but whose names are mentioned in court filings. In some cases, even the privacy rights of people who are parties to the case need to be considered, he said.
He said he later may make a full or partial transcript of today's hearing public.
Mayer Morganroth, an attorney for former Kilpatrick chief of staff Christine Beatty, another defendant in the case, filed a motion to quash the Carlita Kilpatrick and other depositions, arguing Yatooma, the attorney for Greene's family, is trying to take more depositions than he promised he would.
Yatooma said March 11 that Jordan, who lives in Arizona, is believed to have important information about Attorney General Mike Cox's investigation of the rumored Manoogian party and whether or how that investigation was compromised.
An attorney for Jordan made arguments behind closed doors today, and an attorney for Cox was also present. Rosen gave no reason for quashing the subpoena seeking Jordan's deposition in the case.
Cox, who is seeking the Republican nomination for governor, investigated the party in 2003 and declared it an "urban legend." He did not investigate Greene's killing and is not a defendant in the Greene lawsuit.
Rosen also denied a request from James C. Thomas, an attorney for Kwame Kilpatrick, to withdraw from the case. Thomas said outside court he sought to withdraw not because of unpaid legal bills by the city of Detroit but because he has a trial starting April 1 in the Highwaymen Motorcycle Club case that is expected to last two months.
Kilpatrick's family to be deposed in stripper case
Morning Sun, The (Mount Pleasant - Alma, MI)
March 24, 2010
DETROIT (AP) - The wife and father of former Detroit Mayor Kwame Kilpatrick were ordered Tuesday to answer questions in a civil lawsuit alleging that officials stifled an investigation into the fatal shooting of a stripper.
U.S. District Judge Gerald Rosen announced his decision after a two-hour hearing that was closed to the public.
Tamara Greene was shot several times while sitting in a parked car in April 2003. The 27-year-old, who danced under the name "Strawberry," was rumored to have performed at a wild party at the city's mayoral mansion in 2002.
The $150 million lawsuit isn't seeking to find Greene's killer, only to prove Kilpatrick, high-ranking police and other city officials stifled an investigation into the slaying and violated the rights of Greene's survivors.
Rosen said lawyers for Greene's family can interview the former mayor's wife, Carlita Kilpatrick, his father, Bernard Kilpatrick, and former Detroit Police Chief Jerry Oliver. No dates were set.
The judge turned down a request to depose Brooke Jordan, who once worked for Michigan Attorney General Mike Cox.
Greene family lawyer Norman Yatooma believes Jordan might have information on the state investigation of the possible party. Cox has said the party is an "urban legend."
Rosen said he asked reporters to leave the courtroom to prevent the disclosure of anything that could affect the reopened investigation of Greene's death. Most court filings in the lawsuit are also sealed.
Bully-Cummings runs for judge, away from Kilpatrick
Detroit News
April 1, 2010
She'll take the rap on the Navigator: "Bad business decision."
But not on squelching the investigation of the murder of Tamara Greene: "I sent it to cold case because we had so many homicides there were plenty of other warm bodies that had to be investigated."
She was the chief of the Detroit Police Department for five years, but says she was no flunky of former Mayor Kwame Kilpatrick: "I was not his top cop. I was sworn to uphold the law, not the mayor, even if the whole world thinks otherwise."
Ella Bully-Cummings wants you to believe not what you've heard about her -- but rather what she says about herself. And then she wants you to go out Aug. 3 and cast your vote for her for judge of the 36th District Court.
In her first interview since resigning 18 months ago on the same day Kilpatrick resigned, Bully-Cummings, 52, worked to uncouple her legacy from that of the disgraced "Hip-Hop Mayor"-- an admitted liar and cheat who lived an opulent life on the back of the poorest city in America.
Bully-Cummings, a lawyer who has been practicing employment litigation at her brother-in-law's legal firm in Oakland County, was composed, sometimes circumspect, other times ambiguous during an hour-and-a-half luncheon at Sinbad's restaurant on the city's east side, where she drank only coffee.
She began where it ended: on Sept. 4, 2008.
"My intention was to retire that year, but when the (text message) news broke, I couldn't," she said. "I didn't want to up and leave the department during those tumultuous times and leave it without leadership. I owed the citizens of Detroit more than that. It was never about Kilpatrick. My focus was about the department and the people of this city."
She said she was unaware of the brewing text message scandal and was at a Harvard symposium with other chiefs of police when the news came across everybody's BlackBerry.
"They all looked at me and said 'Ella, what's going on?' I didn't know. He didn't tell me. I was very far removed from all that, despite what people say."
'He lied to all of us'
When she came to be chief of police in November 2003, Bully-Cummings inherited a politicized department whose internal scandals would ultimately lead to the undoing of Kilpatrick.
"I assume I was being told the truth, but he lied to all of us," she said of her former boss. "I understand people tried to make everybody under the Kilpatrick administration criminals. And they still try. I will not stoop down to that low-life level. I never will."
Bully-Cummings said she had nothing to do with the dismissal of Deputy Chief Gary Brown, the former head of internal affairs who was investigating the alleged misbehavior of Kilpatrick's police security detail. Brown sued the city and eventually won a controversial multimillion-dollar whistleblower settlement.
"I wasn't even chief then," she said.
But text message correspondence between Bully-Cummings and Christine Beatty, Kilpatrick's former lover and chief of staff, show that Bully-Cummings kept Beatty apprised of at least some of the goings-on within the department when she was an assistant chief and subordinate to Chief Jerry Oliver, whom she would later replace.
"He's livid," Bully-Cummings typed to Beatty about Oliver's reaction when he found out that an appointment he had made was being questioned by City Hall. Bully-Cummings fired that person when she became chief.
"We were co-workers," was all Bully-Cummings would say of her relationship with Beatty.
"I think the text messages speak for themselves," said Oliver when reached by telephone in Arizona. "The texts don't speak about someone who was apolitical. They speak of people with personal and political agendas."
Navigating a minefield
There was also the imbroglio surrounding the plush Lincoln Navigator that was leased for Kilpatrick's wife with police money. It became a mini-scandal when coupled with the revelations that Kilpatrick had run up $230,000 on city credit cards for things like Moet champagne while hundreds of cops were being laid off.
"The Navigator was probably not the best business decision I ever made, but I never lied about it," she said. "We always provided executive protection and vehicles to the first family. The problem here is that the first lady should never have driven the vehicle. It should have been driven solely by the police officer. I did not know she was driving it."
She said she does not remember if Kilpatrick asked her personally for the luxurious car, but that she did OK the lease.
Green case still unsolved
Then there was the ghost of Greene, the murder victim known as Strawberry who was said to have stripped for Kilpatrick at a never-proved party at the mayoral residence and been beaten silly by the mayor's wife.
"I'm a named defendant and my deposition has not yet been taken, so I can say very little. What I will say is that I was not the chief of police when she was murdered. Now when I did become the chief, this whole story about Miss Greene became an Achilles heel. I wanted it investigated. I wanted the perpetrator caught and I wanted the case closed. All right? The officers who will tell the truth will tell you I put resources on that case. When they asked to travel out of town, travel was approved. I put as many resources as I could. I never stopped the investigation, I never slowed it down.
"You know why they stopped? When your leads run out, there is nothing left to do until you get a new lead. If there is nothing there, what do you want them to do? Spin their wheels? To make the Greene case in any way go dark would have been criminal. I don't give a damn who says any different."
Mike Carlisle, the main investigator on the Greene case, said a ranking officer -- but not Bully-Cummings -- came to his desk and took the file without explanation. Four years later, with the Kilpatrick scandal raging, he was given back the Greene case and told to go wherever he needed.
"I don't know anything about that," Bully-Cummings said. "I honestly don't. I had nothing to do with it."
Said Carlisle: "It's plausible, I suppose."
Defending her record
Murder was rampant during her tenure, as was the systematic under-reporting of homicide victims. The crime lab had to be closed due to incompetent ballistics testing and the police made little progress to comply with federal court orders on the use of force and treatment of prisoners.
"I would have to give myself a B-," she said. "But it's not just the Police Department that reduces crime. There are other factors: unemployment, education, investment in the city, budget reductions. There were years when we did reduce certain areas of violent crime."
Brown, now a city councilman, did not question Bully-Cummings' time as Kilpatrick's chief. He instead asked what qualifications she had to be a trial judge.
"When you manage a docket you have to be able to manage it," she answered. "I've managed a police department with a $500 million budget with over 4,000 employees. Things in a police department don't come at you soft and slow; they come at you hard and fast. You have to be able to think logically on your feet. You have to be able to weed out the crap. Yes you do."
Why is Vincent Smothers being treated differently from other confessed killers?
Detroit Examiner
April 5, 2010
This commentary was prompted by an article in today's Detroit Free Press, available at www.freep.com, entitled 'Family slams courts, Worthy as murder case drags on with delays.' The article dealt with the frustration of victim Rose Cobb's relatives with the criminal justice system. It is not difficult to sympathize with them.
Smothers confessed in 2008 that he shot Cobb in a CVS parking lot after being promised $10,000 by her husband, then a DPD police sergeant. His trial for Cobb's murder is to be the first of several trials involving a total of eight murders. Yet after all this time, a date for the trial hasn't been set.
A judge has already declined to throw out Smothers' confession, so why the delay in a case that would seem to be a slam dunk? The Free Press article offers an explanation for some of the delay, including the need for a psychiatric exam following a botched suicide attempt. Yet Smothers has been pronounced fit for trial, so why has no date been set?
What really piqued my interest about the Freep article was the assertion by the prosecutor that part of the delay was due to plea bargaining sessions with Smothers. This did not really come as a surprise; I have long suspected that Smothers knows more than he told investigator Ira Todd back in '08. Some of this information is very sensitive. According to Ira Todd's civil case against the city and certain key officials, he was demoted by the brass while pursuing leads generated during his interrogation of Smothers.
Now we have a new mayor and police chief, and a prosecutor who would like to get inside Smothers' head no matter where the information leads them. Among other things the prosecutor would like to know are who hired him to kill the drug dealers, what relationship, if any did he have with Kwame Kilpatrick, and does he know who shot Tamara Greene.
But the plea negotiations predictably went nowhere because the prosecution has nothing meaningful to offer Smothers. They could offer a sentence deal giving Smothers the chance of parole, but Charlie Manson will get parole before Smothers ever would. And all the other cases will involve charges of first degree murder, so a plea in the Cobb case wouldn't do Smothers much good.
Consider this also: if Smothers were given a deal covering all his murder cases, the citizens of this city would not be happy about it. Also, Smothers may keep his mouth shut out of concern he could face reprisals in prison.
In short, Smothers may have some valuable information locked in his head, but there would seem no workable way to get at it. So let's stop coddling the man and set a trial date.
Explosive Testimony Released In Greene Case
2 New Witnesses Come Forward
Click On Detroit
April 12, 2010
DETROIT – Documents just released in the Tamara Greene homicide investigation could further fuel a multimillion-dollar lawsuit that claims former Detroit Mayor Kwame Kilpatrick and other city officials tried to cover up the exotic dancer's death.
A 911 dispatcher who worked the fall 2002 night when Greene was allegedly assaulted by Kilpatrick's wife, Carlita, while dancing at a rumored but never proven party at the Manoogian Mansion, and a former high-ranking retired Detroit police officer who said he was threatened for investigating the cold case have come forward.
Sandy Cardenas said she received several "high-priority" calls to dispatch police officers to a disturbance at the Manoogian Mansion the night of the alleged party. The responding officers told Cardenas that they were prevented from going into the mansion and that they went to Kilpatrick's other home at the time to pick up Carlita to help them gain entry.
"Once Carlita got inside the mansion, the disturbance heated up immediately and an assault took place," said Cardenas in a sworn affidavit.
Cardenas said a number of police dispatchers were at the mansion for several hours, and it caused backups in other parts of the city because many of the cruisers were tied up.
Cardenas said the next night she came to work and all the 911 tapes of the run had been removed.
The midnight dispatcher told Cardenas that an Internal Affairs Officer took the tapes.
Officer Demoted, Forced Into Early Retirement For Investigating Greene
Sgt. Odell Godbold Sr., who worked with the Detroit Police Department for almost 30 years, was in charge of the DPD's Cold Case Squad when he was assigned the Tamara Greene cold case in 2004.
He said that he was removed from the case a short time later, demoted and forced into early retirement in 2006 after he discovered that an active-duty female Detroit police officer named Peytra Williams danced alongside Greene at the party and that she too was assaulted by Carlita Kilpatrick.
Williams told Godbold, "She was scared and didn't know what to do," he said in the affidavit.
Godbold said that current Deputy Chief James Tolbert, and then-Assistant Police Chief Walter Martin and Inspector Tony Saunders told him to not "let anyone see the Greene file and (not to) talk about it."
Godbold said after Tolbert and the others talked to him, he was ordered by William Rice, inspector of the Major Crimes Bureau, to hand over the Greene files, which he did.
A few days later, Martin said to Godbold, "You dumb mother-(expletive), I told you no one sees that file," he said in the affidavit.
A few days later, Rice was removed and replaced by Saunders. Tolbert was put in charge of the homicide section.
Kilpatrick eventually promoted Saunders to deputy chief and Tolbert to commander.
Godbold said in 2005, the cold case was abruptly shut down and his computer was confiscated.
Shortly thereafter, Godbold said he was forced to either take early retirement or "be a part of a perceived conspiracy to undermine the integrity of the Tamara Greene's homicide investigation."
After his retirement, Godbold took a position with CrimeStoppers, a nonprofit organization that forwards anonymous tips to police departments.
He said during that time he saw many tips regarding the Greene murder investigation come in and they were forwarded to the Detroit Police Department.
"I never saw a vast majority of that information during the time I investigated her murder," said Godbold.
Greene, 27, was shot to death a few months after the party in a drive-by shooting.
Birmingham Attorney representing Greene's family, Norman Yatooma, has asked a judge to unseal documents in the civil lawsuit.
Yatooma said publicity about the case helps produce tips about Greene's still-unsolved slaying.
He says confidence in the court system would be enhanced if U.S. Chief District Judge Gerald Rosen lifts a gag order on attorneys in the case and opens future court hearings to the public.
The judge says publicity could harm a new investigation.
Dispatcher: Cops sent to Manoogian fracas
Detroit News
April 13, 2010
Detroit -- A former police dispatcher says she sent officers to a Manoogian Mansion disturbance in the fall of 2002, but the 911 tapes were later removed.
The allegations were revealed in a deposition filed over the weekend in a lawsuit against former Mayor Kwame Kilpatrick and the city by the family of slain exotic dancer Tamara "Strawberry" Greene. The details from the deposition are the latest development in the mystery of a long rumored but never proven Manoogian stripper party.
An investigation by Attorney General Mike Cox in 2003 determined the party was an urban legend. But the dispatcher, Sandy Cardenas, is the latest in a series of witnesses, including EMS workers, to come forward and testify about police dispatches, a disturbance outside a hospital or meeting an injured stripper around that time.
Still, no one has put an exact date on the rumored party and no one has come forward to say they actually attended.
Greene, a dancer who was linked to the party, was shot to death in Detroit on April 30, 2003. Her family also is suing top city and police officials, alleging the investigation into Greene's still-unsolved killing was obstructed for political reasons. The defendants deny the allegations.
Cardenas, who identifies herself as a former Detroit police officer, in a March 31 deposition in the case said officers couldn't get entry to the mayor's mansion because the doors were locked. So they picked up Kilpatrick's wife, Carlita, and brought her to the mansion, Cardenas testified.
"Detroit police officers, one of whom was a sergeant, told me that once Carlita got inside the mansion, the disturbance heated up immediately and an assault took place," Cardenas said in the affidavit.
The next night, Cardenas said she learned from other dispatchers that a Detroit police officer from internal affairs came to the dispatch center and removed all of the 911 tapes of the run.
James C. Thomas, a lawyer for the former mayor, could not be reached late Monday to comment on the Cardenas affidavit.
Many of the depositions taken in the case are sealed by orders of Chief U.S. District Judge Gerald Rosen, who says he wants to protect the integrity of an ongoing police investigation. Some depositions, such as that of the former mayor and his wife, have not yet been taken.
Yatooma filed the depositions in support of a motion calling for greater openness in the case. Yatooma said the more publicity the case receives, the more likely that witnesses such as Cardenas will come forward.
Cardenas said she believes the Manoogian incident was in October.
She said she recalls talking to Detroit Police Sgt. Shawn Garalino, who she said was the supervising officer in charge of the Manoogian scene. Garalino could not be reached for comment.
Police picked up Carlita Kilpatrick from the Kilpatricks' private home on Leslie Street and brought her to the mansion, which at the time was still being prepared for the Kilpatricks to move in, the affidavit said.
Reached at home Monday night, Cardenas said she cooperated with attorneys to shed more light on the case.
"I wanted people to know the truth. ... There was definitely a cover-up," she said, adding her suspicions were raised by the removed tapes. "You don't take tapes out ... unless they don't want people to know something."
Cardenas, who retired in 2006, said she thinks other city police officers with information about that night at the Manoogian "don't want to come forward because they don't want to lose their jobs. ... They're not going to say anything."
In another affidavit filed over the weekend, former Detroit Police Sgt. Odell Godbold Sr., who was in charge of the "cold case" unit where the Greene file was moved for a time, said he learned that Detroit Police Officer Paytra Williams, who had moonlighted as an exotic dancer, had performed at the Manoogian party.
Marvin Barnett, a Detroit attorney for Williams, has said she will not comment until after she is deposed in the Greene case.
"When I met with Officer Williams outside police headquarters, she informed me that she was 'scared and didn't know what to do,' ," Godbold said in affidavit.
Godbold, who has sued the Detroit Police Department in Wayne Circuit Court alleging he was demoted over the Greene case, said that in the fall of 2002 Williams "was granted a three-week leave of absence with pay, due to her injuries from being assaulted at the Manoogian Mansion party."
Godbold said that in May 2005, police supervisors told him not to let anyone see the Greene file and he later got in trouble for giving the file to the major crimes unit, which had requested it.
Former Detroit Police Detective Mike Carlisle has told The Detroit News he was called out on overtime in the fall 2002 to the Manoogian but supervisors canceled the call before he arrived.
Rosen is considering a motion from the Detroit Free Press to unseal records in the case and received a letter from The Detroit News asking for greater openness in the case.
But Mayer Morganroth, an attorney for defendant Christine Beatty, Kilpatrick's former chief of staff, said sealing certain records in the case and imposing a partial gag order will help assure an impartial jury can be selected when the case goes to trial.
Disturbance at mayor's mansion detailed
Grand Rapids Press
April 13, 2010
DETROIT -- A former police 911 dispatcher said a reported disturbance at the Detroit mayoral mansion escalated after police brought the wife of then-Mayor Kwame Kilpatrick to the house to let them in. The account comes in an affidavit filed in U.S. District Court in a civil suit brought by the family of a slain stripper that accuses Kilpatrick and others of blocking an investigation into her unsolved death. Tamara Greene was shot several times while sitting in a parked car in 2003. The 27-year-old was rumored to have performed at a party at the mayoral mansion in 2002. The Michigan Attorney General's office and state police investigated but ruled there was no evidence a party took place.
Police officer who moonlighted as a stripper testifies in Greene case
Detroit News
April 20, 2010
Detroit -- The mystery woman said to have danced at Kilpatrick's fabled Manoogian stripper party quietly gave her story today.
Paytra Williams, a Detroit police officer who moonlighted as an exotic dancer under the name Almond Joy, is expected to testify at a deposition held at her lawyer's downtown office that she did not dance at the never-proven party, despite long running innuendo.
"She has been told that her name was used at an emergency room for someone who was allegedly beaten at a so-called party back in 2002," said her lawyer, Marvin Barnett. "But she maintains she never danced anywhere near the place and never received any bill from any hospital."
But former homicide Sgt. Odell Godbold Sr. said that during his investigation of the murder in 2004, he learned that Williams had performed at the party.
"She informed me that she was scared and didn't know what to," Godbold said in a court affidavit, filed earlier this month.
William's deposition is the latest development in a lawsuit against Kilpatrick and the city by the family of slain exotic dancer Tamara "Strawberry" Greene, who also was said to have danced at the party with a number of other women and may have been beaten by Kilpatrick's wife after she burst into the mansion and caught her husband in a compromising position.
Norman Yatooma, the lawyer representing Greene's family in a $150 million lawsuit, contends her murder investigation was quashed because it got too close to city hall.
Williams' name has been linked the party since 2003. Back then, Williams promised state police investigators she would submit to a polygraph test, but eventually backed out and hired a lawyer, according to investigators' notes obtained by The Detroit News.
While moonlighting as a stripper, Williams also was assigned to the office of Jerry Oliver, then the chief of police.
Sometime after Kilpatrick fired Deputy Police Chief Gary Brown, head of police internal affairs, who was investigating the Manoogian party and wrongdoing by the mayor's inner circle, Williams was transferred to the Kilpatrick's executive protection unit.
By the time Kilpatrick was released from jail in February 2008, Williams was working in the vice squad, where she and a half-dozen others were placed on desk duty in March 2009 pending an investigation that they falsified prostitution arrest reports and shook down club owners. Williams has returned to full duty although disciplinary action is pending in the vice squad investigation.
Barnett said he believes that Williams knew Greene, but he doesn't know to what extent.
According to retired homicide detective Mike Carlisle, who investigated the re-opened Greene case in 2008, the women's paths never were far apart.
Both danced at the All-Star gentleman's club on Eight Mile Road, a hang out for all-stars of the Detroit underworld.
What is more, Carlisle said, the night Greene was killed she had stopped by the house of Joe Billingsley to pick up her boyfriend, Eric Mitchell.
Mitchell was in the car with Greene that evening when she was slain in a drive-by shooting. Mitchell survived.
Billingsley is the father of one of Williams' children.
Carlisle is scheduled to give his deposition Wednesday.
Judge to consider easing secrecy of stripper case
Detroit News
April 23, 2010
Detroit -- A judge has set a May 12 hearing date on whether there should be more openness in the case of a federal lawsuit brought against the city of Detroit by the family of a slain exotic dancer.
Both The Detroit News and the Detroit Free Press wrote Chief U.S. District Judge Gerald E. Rosen expressing concern about the large number of documents in the case filed under seal, including judge's orders.
Tamara "Strawberry" Greene, a dancer linked to a rumored party at the mayor's Manoogian Mansion in the fall of 2002, was shot to death in Detroit on April 30, 2003.
Her family is suing former Detroit Mayor Kwame Kilpatrick and top city and police officials, alleging they obstructed the investigation into her still unsolved killing for political reasons. The defendants deny the allegations.
Rosen has cited the need to protect the integrity of the ongoing homicide investigation, as well as privacy concerns, as reasons for the unusual level of secrecy in the case.
But Norman Yatooma, a lawyer for Greene's family, said in a court filing that the more publicity the case gets, the more people come forward with information about what might have happened to Greene.
The newspapers argued in court filings that privacy concerns do not trump the presumption of openness in court proceedings.
Mayer Morganroth, an attorney for defendant Christine Beatty, Kilpatrick's former chief of staff, defended the sealed proceedings in a court filing, citing the need to protect the homicide investigation and the need for an untainted jury when the case goes to trial.
Court will hear argument on Freep motion to unseal proceedings in Greene civil case
Detroit Examiner
April 25, 2010
Chief US District Court Judge Gerald Rosen set a hearing date Friday on a motion by the Detroit Free Press to open currently sealed depositions and court proceedings in the civil lawsuit brought against the city by members of the Tamara Greene familiy.
Freep attorney Herschel Fink filed the motion Wednesday, and other media outlets, including WJBK-2, have joined in. If successful, the motion would open sealed depositions, including one given by state Attorney General Mike Cox last year.
Tamara Greene was slain in a drive-by shooting on the morning of April 30, 2003. The civil lawsuit, filed by attorney Norman Yatooma, claims that the DPD investigation of Greene's death was quashed by highly placed city officials. Named as defendants are Kwame Kilpatrick, his chief of staff and paramour Christine Beatty, former DPD Chief Ella Bully-Cummings, and several members of the DPD's top brass.
As a motive for defendant's actions, Yatooma has developed evidence of a long-rumored party at the Manoogian Mansion in the autumn of 2002 at which Greene was present as a stripper and was allegedly assaulted by Carlita Kilpatrick. Recently, Yatooma filed an affidavit of former DPD dispatcher Sandy Cardenas, who claims to have dispatched officers to the mansion one night in October, 2002, after receiving several calls of a disturbance there.
Cox's testimony is relevant because the Michigan State Police investigated the alleged party. Some MSP officers say Cox interfered with that investigation before declaring the party to be an 'urban legend.'
Cox's deposition is under seal even though Cox himself wanted the proceeding public at the time he gave it.
Judge Rosen said earlier that he wanted certain proceedings under wraps so not to taint the DPD's ongoing investigation into Greene's death. Chief Warren Evans declared that the Greene murder case would be given top priority.
Fink's motion disputes the contention that unsealing the records would taint investigation of the seven year old cold case. Fink noted that there is no gag order in the civil case, but a de facto gag order is understood to exist by the attorneys involved.
Hearing on the Freep's motion was set for May 12 at 10 AM.
Review- Why haven't more accomplices been charged in Smother's killing spree?
Detroit Examiner
May 1, 2010
Why haven't other accomplices named by self-proclaimed hitman Vincent Smothers, most notably Ernest (Nemo) Davis, been charged with being accomplices in forthcoming trials?
For background, I began with the execution style killing of Rose Cobb . As you might recall, Cobb was shot in the head December 26, 2007 while husband DPD Sgt David Cobb was inside the store shopping.
Next spring Vincent Smothers confessed to the Cobb murder to officer Ira Todd, filling in information about the murder conspiracy. Sgt. Cobb contacted Sheila Black, who was having an affair with Cobb, to see who was willing to do his wife. She referred Cobb to her son Darzell, 20, to see who was available and he came up with 'V,' one of two street names for Smothers. Cobb then met with Darzell Black and Smothers to formulate a plan. Smothers was to receive $10,000 from Rose Cobb's life insurance policy for carrying out the hit.
Even Sgt Cobb was arrested briefly, until the prosecutor refused sign the warrant, claiming the only witnesses would probably take the fifth. But Cobb's troubles were just beginning. The DPD Chief Ella Bully-Cummings would successfully argue with the police commissioners that Cobb be suspended without pay during the investigation.
Cobb could not take the pressure and hanged himself in September, 2008.
Fast forward to the present. Smothers has been in jail for two years awaiting a trial date that never seems to be set, much the consternation and chagrin of Rose Cobb's relatives.
Think also on this: though future prosecutions await Smothers, other accomplices he claims to have used in the drug murders are, to my knowledge, walking around free, This includes Ernest Davis He is the brother of James Davis, a Detroiter who moved to Lexington, Ky. When James Davis wasn't dealing cocaine or screwing mortgage companies, he was boasting about having personal and professional relationships with then-mayor Kwame Kilpatrick.
When Todd's investigation took him too close to the Davis clan, it was summarily quashed by the DPD brass, and Todd was demoted.
But the city has a new mayor and a new chief of police. Last fall Chief Warren Evans claimed the would put two matters at the top of his priorities list: Tamara Greene and Vincent Smothers. Yet to my knowledge Smother's named accomplice in some of the drug hits hasn't been formally indicted. Sure, as in the Cobb case, Kym Worthy will resist issuing an indictment if Smother's confession alone implicates Ernest Davis.
However some independent evidence exists. It is known the Smothers and Davis went to Lexington to hide out after a hit. Smothers and Davis were witnessed leaving the scene of a murder in a late model Cadillac with Kentucky plates. An informant claimed the vehicle may have been owned by James Davis.
The Cadillac was later found burned with the homicide victim still in it.
Though James Davis is looking at 30 years for wire fraud, I have found no reference to any investigation into his brother Ernest's collaboration with Smothers in the drug hits. If the DPD isn't looking into this, it should be.
Attorney seeks more time to depose former cop in stripper lawsuit
Detroit News
May 6, 2010
Detroit -- A lawyer in the Tamara Greene case filed an emergency motion today seeking to continue deposing a former Detroit police homicide sergeant.
Robert Zawideh, who is representing the family of slain exotic dancer Tamara "Strawberry" Greene along with Norman Yatooma, said he wants the video deposition of retired Sgt. Odell Godbold, which began April 26, to continue on Friday.
But a lawyer for Godbold, Julian Williams of Bingham Farms, said the seven hours required for civil depositions under federal court rules has already been taken up and he doesn't want the deposition to continue without agreements on time limits and subject matter.
Greene, a stripper linked to a rumored party at the Manoogian Mansion in the fall of 2002, was shot to death in Detroit on April 30, 2003.
Her family is suing former Detroit Mayor Kwame Kilpatrick and top city and police officials, alleging they obstructed the investigation of her still unsolved murder for political reasons.
The defendants deny the allegations.
Godbold, who is separately suing the city in Wayne Circuit Court, filed an affidavit in the Greene case saying he got in trouble over his investigation of the Greene case while it was assigned to the cold case squad, which he supervised. He testified he was scolded for showing the Greene file to officers from the major crimes bureau who had requested to see it.
The city subpoenaed Godbold's deposition. By the time lawyers for the city and other defendants completed questioning Godbold, only a little more than one hour of the allotted seven hours remained for the plaintiffs to question him, Zawideh said in the court filing.
Chief U.S. District Judge Gerald E. Rosen has scheduled a hearing in the case for Wednesday, when media concerns about sealed records and secrecy surrounding the case are to be discussed.
Judge defends decisions in slain stripper case
Detroit News,
May 12, 2010
Detroit -- A federal judge this morning staunchly defended his handling of the civil case involving a slain former stripper, saying his decisions to keep certain court filings sealed protect the ongoing investigation into Tamara Greene's death and protect the privacy rights of others.
Chief U.S. District Judge Gerald E. Rosen said he will continue to weigh the effect any filings have on the investigation as well making sure that information generated during the discovery phase of the case doesn't affect those unconnected to the case.
"This has not been an easy task to navigate these waters," Rosen said.
Both the Detroit News, Detroit Free Press, and local television stations have asked Rosen to unseal some of the documents filed in the case. Rosen started Wednesday's hearing with a 35-minute monologue in which he outlined his problems both with the requests, primarily from Free Press attorney Herschel Fink, and editorials in the Free Press.
He railed against what he termed were assertions that he had issued a "blanket" suppression of court files and has been operating the case in secret. After identifying Fink as a respected colleague and friend, he added, "He's just wrong here."
Greene, a stripper linked to a rumored party at the mayor's Manoogian Mansion in the fall of 2002, was shot to death in Detroit on April 30, 2003, and her family is suing former Detroit Mayor Kwame Kilpatrick and top city and police officials, alleging they obstructed her murder investigation for political reasons. The defendants deny the allegations.
Wayne County Prosecutor Kym Worthy, in a letter to Rosen filed on Monday, said the initial investigation into Greene's death was "woefully inadequate," a claim reiterated during Wednesday's hearing before Rosen by Assistant Prosecutor Robert Moran.
Perhaps an unintended victor from Rosen's decision will be Michigan Attorney General Mike Cox, a Republican who is running for governor. His deposition in the case was the most high-profile of the sealed items. Just before he answered questions from Greene's attorney, Cox said he would ask for his deposition to be made public. Since then, though, he has not asked to have the deposition unsealed.
Rosen said there were questions raised in the deposition that were based on "unsubstantiated rumors" that could affect people unrelated to the Greene case. He said federal court rules allow him to seal those records.
Fink, however, said Cox is a public figure that requires a different standard that leans toward release. Rosen disagreed with him and said higher court rulings support him.
"It would be irresponsible of me ... not to vigorously guard this info for all the reasons we've discussed," Rosen said.
Norman Yatooma, the attorney for the Greene family, said he would support Worthy's request to keep records sealed that are related to the investigation. He said he has shared information with prosecutors.
Worthy rips probe of Greene slaying
Investigation of dancer's case 'woefully inadequate,' Wayne County prosecutor says
Detroit News
May 12, 2010
Detroit -- Wayne County Prosecutor Kym Worthy says the Detroit police investigation into the murder of exotic dancer Tamara "Strawberry" Greene was "woefully inadequate."
Worthy made the comment in a letter to Chief U.S. District Judge Gerald E. Rosen, who has scheduled a hearing today on whether certain sealed records in the case should be made public.
"It is fair to say that the initial investigation into her murder was woefully inadequate," Worthy said in a letter filed Monday. "This is not the time, nor the proper forum to discuss the shortcomings of the work of any police agency or the possible reasons for the inadequate investigation."
A Detroit police spokesman declined comment.
Greene, a stripper linked to a rumored party at the mayor's Manoogian Mansion in the fall of 2002, was shot to death in Detroit on April 30, 2003.
Her family is suing ex-Detroit Mayor Kwame Kilpatrick and top city and police officials, alleging they obstructed her murder probe for political reasons. The defendants deny the allegations.
In the letter, Worthy urged Rosen not to hamper the investigation by unsealing sensitive records. Rosen has cited the need to protect the homicide investigation, as well as privacy concerns.
The Detroit News and other media organizations are arguing for more openness in keeping with longstanding principles that court records and proceedings are presumed to be public absent a compelling reason.
"My concern is that at a time when this investigation is finally proceeding as it should have years ago, that this progress could be hampered by the improper disclosure of information crucial to the case," said Worthy, whose office is investigating as part of a multi-jurisdictional task force that includes Detroit police and the FBI.
Norman Yatooma, the Birmingham attorney representing Greene's family, said the murder investigation was inadequate because it was "deliberately and unlawfully terminated." It's alleged the Greene murder file was moved to the police "cold case" unit much sooner than normal.
Judge allows lawyer in stripper suit more time for deposition
Detroit News
May 12, 2010
A federal judge on Wednesday granted a lawyer in the Tamara Greene case three more hours to continue deposing a former Detroit police homicide sergeant.
Chief U.S. District Judge Gerald E. Rosen agreed to extend the deposition of retired Sgt. Odell Godbold. He had already answered questions for seven hours.
Attorneys representing the family of slain exotic dancer Tamara "Strawberry" Greene has asked for the extra time.
Greene, a stripper linked to a rumored party at the Manoogian Mansion in the fall of 2002, was shot to death in Detroit on April 30, 2003. Her family is suing former Detroit Mayor Kwame Kilpatrick and top city and police officials, alleging they obstructed the investigation of her still unsolved murder for political reasons.
The defendants deny the allegations.
Godbold, who is separately suing the city in Wayne Circuit Court, filed an affidavit in the Greene case saying he got in trouble over his investigation of the Greene case while it was assigned to the cold case squad, which he supervised. He testified he was scolded for showing the Greene file to officers from the major crimes bureau who had requested to see it.
Defense attorneys consumed over five hours of the initial deposition and Greene's attorneys got only about 90 minutes. Rosen said they can get three more hours while defense attorneys get an additional hour.
Prosecutor wants restricted public access in lawsuit over stripper's death
Morning Sun
May 12, 2010
DETROIT (AP) - The Wayne County prosecutor has urged a federal judge to restrict public access to the civil litigation over the unsolved murder of a Detroit stripper.
The news media's interest must be trumped by the ongoing investigation into Tamara Greene's death, Kym Worthy said in an April 29 letter to U.S. Chief District Judge Gerald Rosen.
Greene's family is suing high-ranking police officials and former Mayor Kwame Kilpatrick, claiming they stifled the homicide investigation in 2003 - charges those accused have denied.
Rosen is hearing arguments Wednesday on the media's request to unseal documents in the civil lawsuit and stop closing court hearings. Rosen has said he's taken those steps because he doesn't want to harm any investigation.
Worthy said the restrictions should stick.
Seven years after Greene's fatal shooting, any progress in the investigation "could be hampered by the improper disclosure of information crucial to the case," she said.
Worthy said the initial probe into Greene's death was "woefully inadequate."
The sealed documents include the deposition of Michigan Attorney General Mike Cox, who investigated rumors of a 2002 party hosted by Kilpatrick and possibly attended by Greene. Cox has called it an "urban legend."
Rosen has ordered that Kilpatrick's wife and father also sit for depositions.
Kwame and The Untouchables (his family & friends) LYING on Resumes
WDIV
May 13, 2010
This one is a doozy. Not only is Kwame giving "Untouchable" jobs to all of his friends and family, which they're not even qualified for, but this video exposes several Kilpatrick family members as deadbeats, and exposes lies on their resumes, claiming degrees from schools that they never even went to, let alone graduated from. Including... Kwame. He lied about earning a teaching certificate from a Florida University, who doesn't have any record of him even applying for one.
Cox deposition remains sealed
Judge rules testimony from attorney general in stripper's case will not be made public
Detroit News
May 13, 2010
Detroit -- Potentially "salacious" comments given in depositions filed in a civil case involving a slain exotic dancer will remain sealed in U.S. District Court, a federal judge ruled Wednesday.
Chief U.S. District Judge Gerald E. Rosen, answering calls by the media to unseal records in the case, said assertions by some that he was handling the case in secret were false.
Rosen said he has kept certain court filings sealed because he is trying to protect the investigation into Tamara Greene's death -- and protect the privacy rights of others, who are mentioned in the filings but are unrelated to the case.
Greene, a stripper linked to a rumored party at the Manoogian Mansion in the fall of 2002, was shot to death in Detroit on April 30, 2003. Her family is suing former Detroit Mayor Kwame Kilpatrick and top city and police officials, alleging they obstructed her murder investigation for political reasons. The defendants deny the allegations.
Michigan Attorney General Mike Cox, a Republican who is running for governor, may have been the big winner in the ruling. His deposition in the case was the most high-profile of the sealed items and Rosen said there were questions raised in the deposition that were based on "unsubstantiated rumors" that could affect people unrelated to the Greene case.
In a statement released Wednesday, Cox said: "My office never investigated the (Greene) murder ... that has always been with the Wayne County Prosecutor's Office and the Detroit Police Department," Cox said.
"Despite that fact, last November, I volunteered to be deposed in an open court room before a judge, the press and the public. The judge knows my position has never changed, but this is his court room and he is in charge."
Judge keeps documents sealed in stripper lawsuit
Morning Sun
May 13, 2010
DETROIT (AP) - A judge on Wednesday refused to back off his decision to keep some court documents sealed in a civil lawsuit tied to the unsolved slaying of a stripper, including the deposition of the Michigan attorney general who wants to be governor.
U.S. Chief District Judge Gerald Rosen promised to sign a lengthy opinion in the days ahead, but he clearly stated that his position was unlikely to change.
He repeatedly said that he doesn't want to harm the ongoing investigation into Tamara Greene's fatal shooting in 2003. Rosen also is concerned about the "splatter effect" of exposing people to publicity despite having no real connection to the case.
"It would be irresponsible of me," said the judge, who cited U.S. Supreme Court precedent.
Greene's family is suing police officials and former Mayor Kwame Kilpatrick, claiming they stifled the homicide investigation years ago. They deny it.
The Wayne County prosecutor's office is trying to solve Greene's death. It urged Rosen to stay the course and restrict access to documents in the civil case.
Detroit Free Press lawyer Herschel Fink said many documents sealed under the judge's decision have nothing to do with the investigation into Greene's death, including the deposition of Michigan Attorney General Mike Cox, now a Republican candidate for governor.
Cox investigated a rumor of a 2002 party hosted by Kilpatrick and possibly attended by Greene, but ultimately called it an "urban legend." Greene's lawyers interviewed the attorney general about that probe for hours in December and January but the transcript remains sealed.
Rosen suggested the deposition was contentious. He said releasing it could harm the privacy of people whose names apparently came up during the interview.
The judge said he could change his mind about unsealing documents later in the litigation, especially if he relies on certain records when deciding whether the lawsuit will go to trial.
Cox released a statement saying he had volunteered to give his private deposition in public last year.
Nonetheless, he has not formally asked Rosen to release the deposition.
Spokesman John Sellek declined to say yes or no when asked if Cox would make a request.
Rosen began the court hearing Wednesday by defending his work and criticizing Free Press commentary, including a March 28 column titled, "Judge Rosen's chamber of secrets," which urged him to stop sealing entire documents.
Rosen said his staff checked court records and found Fink has used sealed filings in his own cases. The judge didn't get specific, but a sealed document was a key part of the newspaper's effort last year to successfully fight a demand that a reporter reveal sources.
Rosen said the Free Press was "flat-out wrong" when it said in a May 2 editorial that sealing records in a civil case is nearly unprecedented.
"With all respect to Judge Rosen and to the issues argued in court, we believe that the court's responsibility is to conduct its business in public," the newspaper's publisher and editor, Paul Anger, said later.
Judge should release documents tied to Tamara Greene slaying
Daily Tribune, The (Royal Oak, MI)
May 21, 2010
If there is one thing learned from the Kwame Kilpatrick-Christine Beatty scandal it's that the media are often ahead of police and prosecutors in uncovering wrongdoing of public officials.
Without the Detroit Free Press, Kilpatrick could very well still be serving as mayor of Detroit. And that would likely mean his affair with Miss Beatty would be continuing.
It was the Free Press and other media, including Steve Wilson at WXYZ-TV, that doggedly tracked the goings-on, one tip after another, between the mayor and his highly paid chief of staff.
So why is it that U.S. Chief District Judge Gerald Rosen is now apparently insistent on keeping court documents sealed in a civil lawsuit tied to the unsolved slaying of Tamara Greene?
According to a report by The Associated Press following a recent court hearing, Judge Rosen "is concerned about the 'splatter effect' of exposing people to publicity despite having no real connection to the case."
We think that is very unlikely. And we also question why the Wayne County Prosecutor's Office, which used information uncovered by the media to convict Kilpatrick and Beatty, now wants documents sealed.
Greene's family is suing police officials and Kilpatrick, claiming they hindered the investigation into the fatal shooting of Greene, a stripper long rumored to have been part of the entertainment at a party hosted by Kilpatrick at the mayor's mansion.
One of the depositions Judge Rosen does not want released is of Michigan Attorney General Mike Cox, now a Republican candidate for governor.
Cox investigated the rumored party and called it an "urban legend."
Whatever answers were given by Cox should be made public.
Miss Greene was shot and killed in 2003. The rumored party hosted by Kilpatrick was in 2002.
If police and prosecutors haven't solved the slaying by now, what harm could come from releasing the related documents?
If nothing else, it might provide the media with information that could be checked and verified.
It's anybody's guess where it could lead.
Who knows, it could lead to the killer of Tamara Greene.
City has more woes than shooting cases against DPD
Other suits loom due to Greene investigation
Detroit Examiner
May 27, 2010
Part of the reason for the 2003 consent judgements that established a federal monitorship over the DPD was the high rate of civilian shootings by the police Yet according to the Detroit News, the city has paid out in excess of $39 million to shooting victims during the period betwen 7/06 and 6/09.
Detroit City Council President Pro Tem Gary Brown has said that when added to the $3 million deficit, lawsuits have become a "vicious cycle."
Presumably this would include the most recent filing, Estate of Aiyana Jones v Detroit, which some legal observors value in the seven-figure range, though discovery is just beginning. Parenthetically, Mayor Bing's rant that Jones lawyer Geoffrey Fieger is only interested in the money is way off base. Fieger lives modestly for a successful trial lawyer and is motivated far more by his quest for justice.
Yet other civil actions are left over from the Kilpatrick era and several of them are worth keeping an eye on. They are primarily employee/whistleblower's cases, and given the value the Wayne County jury pool places on employment, they can bring in big verdicts. Just ask Gary Brown- he of the "vicious cycle" comment above- who shared in the $8.4 million dollar settlement that brought Kilpatrick down.
Here are three such cases that have this writer's attention:
1. Estate of Tamara Greene v Detroit- The legal basis of this complaint is that Kilpatrick and high-ranking police officials quashed the investigation of the April 30, 2003 gangland killing of Greene, pariicularly when Kilpatrick's name came up. Greene attorney Norman Yatooma has tried with mixed results to prove the existence of a fall, 2002 party at the Manoogian Mansion during which Greene performed as a stripper, only to be assaulted by late-comer Carlita Kilpatrick.
It is also alleged that Attorney General Mike Cox prevented state police from fully investigating the party. Many of the discovery documents, including Cox's deposition, are under seal. Despite problems with his case, Yatooma claims he only needs to prove a cover up, even if he can't prove there was a party or an assault, and even if he never shows who killed Tamara Greene. That may be accurate in a purely legal sense, yet juries are very big on motive and context.
Yatooma got a boost recently from Kym Worthy, who wrote in another forum that the original Greene investigation was "woefully inadequate."
2. Doug Bayor v Detroit- Yatooma is also representing Bayor, a paramedic who filed a whistleblower's lawsuit against the city just this Wednesday. Bayor told WDIV-4 that despite excellent performance reviews, he was fired for seeing, hearing and saying too much about a beat-up woman taken to the ER, allegedly on the night of the party.
After he talked with an investigator that night he was targeted by city officials, ultimately told by a deputy chief fire commissioner that he was suspended. "That will teach you to keep your mouth shut," the commissioner told him.
Officially, Bayor was fired for the "immoral act" of removing a cable from his ambulance that in fact belonged to the hospital.
3. Todd v Detroit- Ira Todd is a retired DPD homicide investigator who worked with the prestigeous Major Crimes Bureau in 2008. He had a reputation as a skilled interrogator, and had gotten self-proclaimed hit man Vincent Smothers to implicate himself in several murders.
Smothers claimed to have sometimes used an accomplice named Ernest 'Nemo' Davis. Todd learned that Nemo was a brother to James W. Davis, a former Detroiter who had moved to Lexington, Ky. James Davis was a cocaine dealer who claimed involvement in a big real estate project in Detroit. He also bragged of having a personal and professional relationship with Kwame Kilpatrick.
When his superiors found out what Todd was looking into, he was busted down to a desk job answering telephones.
So Detroit is in the cross-hairs of several potentially big number-generating lawsuits, not all the result of civilian death meted out by the DPD.
Judge keeps some records sealed in stripper slaying
Detroit News
May 27, 2010
Detroit --A federal judge has affirmed his earlier ruling to keep some court records in the civil case involving the death of murdered exotic dancer Tamara Greene sealed to local media outlets.
U.S. District Court Judge Gerald E. Rosen ruled he will keep court files closed to The Detroit News, Detroit Free Press, WXYZ-TV (Channel 7), WDIV-TV (Channel 4) and WJBK-TV (Channel 2).
"I have a concern that the ongoing investigation of the Tamara Greene homicide not be adversely impacted," said Rosen in the opinion released Wednesday. "I'm trying to accomplish two overall objectives. I'm trying to allow the plaintiffs as much discovery and latitude in discovery to discover their case and to prepare their case, while, at the same time not trespassing upon the ongoing investigation such that it could unduly chill witnesses from coming forward, impact witness(es)' recollection of events, have people come forward who may not be real witnesses."
Greene allegedly danced during a rumored-but-never-proven party at the Manoogian Mansion in 2002. Greene was shot to death in the city on April 30, 2003.
Her family is suing the city of Detroit, former Detroit Mayor Kwame Kilpatrick and top city and police officials for allegedly obstructing an investigation into her death.
Documents in stripper case remain closed to public
Morning Sun, The (Mount Pleasant - Alma, MI)
May 27, 2010
DETROIT (AP) - As expected, a federal judge in Detroit is refusing to take the cover off certain documents in a civil lawsuit related to the unsolved slaying of a stripper.
U.S. Chief District Judge Gerald Rosen said Wednesday he needs to protect the ongoing murder investigation and the privacy of people who aren't directly involved in the case. He expressed a similar view in court on May 12.
News media have asked Rosen to unseal certain documents, especially depositions.
The family of Tamara Greene is suing police officials and ex-Mayor Kwame Kilpatrick, saying they stifled the homicide investigation years ago. They deny it.
Rosen says some sealed records will become public as the case moves toward a possible trial.
Kilpatrick, Detroit remain in lawsuit over slain dancer
Detroit News
June 2, 2010
Birmingham -- Only the city of Detroit and former Mayor Kwame Kilpatrick will remain as defendants in the suit brought by the family of slain exotic dancer Tamara "Strawberry" Greene, an attorney said Tuesday.
Seven other defendants, including former Police Chief Ella Bully-Cummings and former Kilpatrick chief of staff Christine Beatty, are being dismissed from the case, Norman Yatooma, an attorney for Greene's family, said at a news conference.
Yatooma said the move is an effort to expedite the case, which is scheduled to go to trial in January.
It will be easier to schedule depositions if there are fewer attorneys involved, he said. "We're just losing some defendants and gaining some traction," Yatooma said.
Greene, who was linked to a rumored stripper party at the mayor's Manoogian Mansion in the fall of 2002, was shot to death in Detroit on April 30, 2003.
In 2005, her family sued the city, Kilpatrick and other defendants in federal court. The suit, which seeks $150 million, alleges top city and police officials obstructed the investigation into Greene's unsolved killing for political reasons.
The defendants deny the allegations.
Mayer Morganroth, Beatty's attorney, said there was "absolutely no evidence" against her and she never should have been named as a defendant. As part of an agreement with Yatooma for dropping her from the suit, Beatty will not seek attorney costs or other sanctions, he said.
Jonathan Bond, Greene's 17-year-old son, and Ernest Flagg, Bond's father, appeared at the news conference at Yatooma's law office in Birmingham.
"A lot of people have answers and that's basically what I want, is answers," Bond said.
Flagg said it was time Mayor Dave Bing "stopped fighting us and helped us put this whole situation behind us."
Yatooma said he has spent $1.8 million on the lawsuit so far and the city must have spent several times that much.
He said answers are needed to settle the lawsuit. "A check will not get it done," he said.
But he added that Greene's survivors "deserve to be compensated."
The former mayor; his wife, Carlita; and his father, Bernard N. Kilpatrick; are to be deposed, Yatooma said.
Dates for those depositions are not set, but they should occur shortly, he said.
The case is before Chief U.S. District Judge Gerald Rosen.
Stripper lawsuit narrowed
Grand Rapids
June 6, 2010
BIRMINGHAM -- An attorney representing the children of a slain Detroit stripper has dropped the one-time girlfriend of former Mayor Kwame Kilpatrick, the city's ex-police chief and other officials from a civil lawsuit that claims they stifled the investigation into her death.
By dismissing all but Kwame Kilpatrick and the city of Detroit, lawyer Norman Yatooma said Tuesday he expects to lessen the time it takes to get the case to trial in federal court.
Yatooma represents Tamara Greene's three children, ages 17, 14 and 9. The trial is scheduled to start in January 2011.
Kilpatrick was mayor in 2003 when Greene was shot to death outside her Detroit home. Her murder has not been solved. The 28-year-old was rumored to have performed at a never-proven wild party at the mayor's official Manoogian Mansion residence in 2002.
Yatooma is seeking $150 million.
Judge: Cox's Deposition Remains Sealed
Judge Denies Media's Repeated Requests
Click On Detroit
June 25, 2010
DETROIT – Sworn testimony from Michigan Attorney General Mike Cox in the Tamara Greene murder investigation will remain under court seal for the time being.
Federal Judge Gerald Rosen ruled against the media's request to unseal documents in the case, saying he wants to protect the ongoing investigation and the privacy of third parties.
Rosen had previously said he would not release the documents, but the Detroit Free Press recently renewed its effort to obtain Cox's deposition.
Greene's family is suing Detroit and former Mayor Kwame Kilpatrick, claiming the homicide investigation was intentionally stifled years ago.
Wayne County Prosecutor Kym Worthy has previously said that she agrees with Rosen: the documents should remain sealed.
"Criminal investigations cannot be conducted by the media? I am simply asking that during the discovery phase of the civil lawsuit, that the Court maintains the procedural safeguards currently in place to avoid any interference with the ongoing investigation," said Worthy in the letter.
Greene, a dancer known as Strawberry, was rumored to have been at the "urban legend" party at the Manoogian mansion thrown by Kilpatrick in 2002.
It was also rumored that Greene was assaulted by the mayor's wife, Carlita, when she walked into the party and saw Greene with Kilpatrick.
On April 30, 2003, Greene was in a car with her boyfriend on Detroit's west side when a gunman opened fire on their vehicle, killing Greene and wounding her boyfriend.
Cox investigated the rumored party hosted by Kilpatrick and possibly attended by Greene but called it an "urban legend."
Judge in Greene civil action demands parties depose Kwame Kilpatrick, others by July 30
Detroit Examiner
July 8, 2010
Judge Gerald Rosen yesterday ordered the attorneys in Greene v City of Detroit and Kwame Kilpatrick to meet next Monday at the federal courthouse to hash out a schedule for taking the remaining depositions, including that of Kilpatrick.
The deadline for discovery in the case is July 30. It is highly unusual to have the deposition of a defendant in a civil case untaken and unscheduled so near the end of discovery. As a former author and lecturer on the subject, I can tell you that pretrial discovery is the most important phase of a civil proceeding, including trial. Without depositions of key witnesses, the attorneys would not have any clue how to prepare for their trial testimony.
Depositions are not yet scheduled for Kilpatrick, Carlita Kilpatrick, Kwame's father Bernard Kilpatrick, his former Chief Staff and paramour Christine Beatty and two others. The Greene family's lawyer, Norman Yatooma, insisted in a court filing that defense lawyers have stonewalled him on scheduling these deps, hoping to run out the discovery time.
US District Judge Rosen does not want to give the attorneys more time. In an order issued yesterday he said: "Although counsel may find it difficult to conclude their discovery efforts before the looming deadline, it is their obligation to do so, and the court has no intention of relieving them of this obligation."
The judge also declined to issue a schedule, but will put any schedule that comes out of the Monday conference into the form of a court order.
It promises to be a contentious session, but a federal magistrate will be around to deal with any snags.
Tamara Greene's shooting death on April 30, 2003, has become the most notorious cold case of the new century. The theory of Yatooma's civil case is that the initial police investigation into the murder was quashed by the defendants, preventing Greene's family from filing wrongful death actions against the killers. That theory got an unexpected boost when Prosecutor Kym Worthy, in an effort to keep certain discovery documents under seal, told Judge Rosen in a letter that the original investigation had been "woefully inadequate."
What the Greene family will accomplish in the is suit is speculative. Their evidence of a rumored autumn, 2002 party at the Manoogian Mansion, at which Greene allegedly performed as a stripper, is not very good. Plus, the value of a wrongful death lawsuit against the killer is difficult to quantify.
What emerges from Kwame Kilipatrick and the other deponents will likely be self-serving; even so, Judge Rosen may order some or all of the deps put under seal.
The civil trial is expected to occur early next year.
Deposition set for Kwame Kilpatrick in stripper's death
Hillsdale Daily News, The (MI)
July 13, 2010
Ex-Detroit Mayor Kwame Kilpatrick will face questions later this month in a civil lawsuit that accuses him of stifling the investigation of a stripper's death.
Norman Yatooma is the lawyer for Tamara Greene's family. He says Kilpatrick's deposition has been scheduled for July 29.
Kilpatrick's wife Carlita will give a deposition on Aug. 5.
Lawyers in the case met with a federal judge Monday to iron out the schedule.
Manoogian mansion scandal involving a stripper and Mike Cox
WOOD TV8 News
Jul 26, 2010
Should the Kilpatricks be excused from giving deposition?
Detroit Examiner
July 26, 2010
Detroit, MI - Carlita Kilpatrick and father of the former mayor of Detroit, Bernard Kilpatrick filed a request in U.S. District Court in Detroit on Sunday in response to deposition requests by a lawyer for the family of the stripper, Tamara Greene, who was killed in a drive-by shooting in April 2003.
In their request, they’re asking the judge to quash the subpoena. Both Kilpatricks has given reason for not wanting to be deposed. Carlita stated that her testimony could be incriminating information against her husband, who is in a federal prison in Milan on state probation violation charges.
Meanwhile Kwame’s father, Bernard wants to invoke his 5th Amendment privileges for self incrimination reasons.
The attorney for Carlita Kilpatrick stated, “Due to the ongoing criminal case in the state of Michigan and the pending federal indictment of her spouse ... in a separate federal tax matter, any information given could adversely affect that matter.”
The Kilpatricks were to be deposed in Texas on Aug. 5-6. If U.S. District Judge Gerald Rosen decides that the Kilpatricks must be deposed, they asked that the proceeding not be recorded.
Should the Kilpatricks be deposed? Everyone in their right mind want to defend their loved one, but consider the family of the victim…Tamara Greene, they want justice as well. Where is the justice to her family? Not siding with one person or the other, right is right and wrong is wrong.
Too many times the Kilpatricks, has slid through the hoop. This time everyone should hear exactly what happened. Since the city of Detroit has footed his bill this long, then they should be entitled to know.
It took Kwame’s violation of probation to finally put an end to the everlasting brick wall build around him to come tumbling down, before his other misdeeds were brought into the light. How much creditability do the other Kilpatricks have? I was taught birds of a feather, flocks together.
When being deposed if the truth is told, then the Kilpatricks shouldn’t have anything to hide.
He said, he said: Mike Cox denies Manoogian Mansion party affidavit from witness with criminal past
MLive
Jul 27, 2010
With one week to go before Michigan's gubernatorial primary, Attorney General Mike Cox finds himself again denying accusations he attended a long-rumored party thrown by then-Detroit Mayor Kwame Kilpatrick at the Manoogian Mansion in 2002. WDIV, the Detroit Free Press and Fox 2 report attorney Norman Yatooma has obtained a sworn affidavit from a motorcycle club member who says he worked security at the party and saw Cox receive a lap dance and Carlita Kilpatrick assault stripper Tamara "Strawberry" Greene.
Yatooma is representing Greene's family in a civil suit against Kilpatrick and the City of Detroit, alleging local leaders conspired to block an investigation into her murder, which occurred several months after the rumored party.
The witness -- identified by the Free Press as Wilson Kay Jr. -- is the first person to sign an affidavit confirming his attendance at the party despite extensive investigations by the city, Cox and Wayne County Prosecutor Kym Worthy. Furthermore, the newspaper reports he failed to show up for a recent deposition scheduled by Yatooma at which he would have faced cross-examination.
Update:
WDIV also reports that the witness, who filed for police protection on Monday after receiving death threats, has a lengthy criminal record. His background includes convictions for breaking and entering, attempted arson, and weapons charges.
Cox repeatedly has denied attending the party or blocking the investigation, and he continued that defense Monday while suggesting the timing of the release smacks of political theatrics.
"I've never been inside the Manoogian Mansion," he told Fox 2. "The closest I've ever came to the place is a bunch of us at 16 in high school drove by it when Coleman Young lived there. Where was this guy eight years ago when Gary Brown was looking at this? Where was he seven years ago when we were looking at it?"
Brown, a City Councilman and former deputy police chief who won a lawsuit against the city after claiming he was fired for asking questions about the rumored party, told the Free Press he doesn't believe Kay's claims are credible.
"Why does the mayor have to go out and hire a motorcycle gang for security when he has his own personal security detail?" he asked.
Recent polling suggests Cox is locked in a three-way race for the Republican gubernatorial nomination with U.S. Rep. Pete Hoekstra and Ann Arbor businessman Rick Snyder. Oakland County Sheriff Mike Bouchard and state Sen. Tom George are also in the running.
Beatty gives deposition in Greene case
WXYZ-TV Detroit
Jul 28, 2010
Mansion Party Depositions Under Way
Cox Fires Back After Allegations He Was At Manoogian Mansion Party
Click On Detroit
July 28, 2010
DETROIT – Depositions are under way for several high-ranking Detroit leaders in the investigation into the rumored-but-never-proven Manoogian Mansion party.
Former Detroit Police Chief Ella-Bully Cummings testified under oath Tuesday.
Former Detroit Mayor Kwame Kilpatrick's former chief of staff, Christine Beatty, is set to be deposed Wednesday. Kilpatrick's deposition is planned for Thursday.
Carlita Kilpatrick and Bernard Kilpatrick are expected to give depositions in the Greene lawsuit in August.
They have asked a federal judge to quash a request to depose them. Their attorneys said they will invoke their Fifth Amendment rights during the deposition and Carlita Kilpatrick will use her spousal privileges against providing information against her husband.
Bully-Cummings' sworn testimony comes just one day after the Local 4 Defenders obtained a signed affidavit from a man who says he was hired to work security at the party.
Tamara Greene, a dancer known as Strawberry, was rumored to have been at the alleged party thrown by then mayor Kwame Kilpatrick in 2002.
On April 30, 2003, Greene was in a car with her boyfriend on Detroit's west side when a gunman opened fire on their vehicle, killing Greene and wounding the boyfriend.
Kilpatrick has publicly denounced the party, saying, ?It never happened.?
Michigan Attorney General Mike Cox also investigated the rumors and concluded that the party had ?all the earmarks for an urban legend.?
But sworn testimony by a Dearborn man, Wilson Kay, claims he was at the party and saw Cox there.
"I attended a party at the Manoogian Mansion in Detroit, Michigan, in 2002, at which I witnessed Kwame Kilpatrick, Bernard Kilpatrick, and Mike Cox in attendance ? Myself and others at my motorcycle club were hired to work security at the party,? the affidavit reads.
There are also statements that read Kay saw exotic dancers performing lap dances.
"I witnessed female exotic dancers present at the party who were performing for various persons in attendance, including Kwame Kilpatrick ? I saw Mike Cox getting a lap dance from one of the female exotic dancers while he was present at the party,? a line reads.
Kay's testimony also states he saw Kilpatrick?s wife, Carlita, arrive to the party unannounced and assault Greene.
During the party, Kwame Kilpatrick's wife, Carlita Kilpatrick, arrived unexpectedly and observed Tamara Greene performing a lap dance on Kwame Kilpatrick ? I then saw Carlita Kilpatrick punch Tamara Greene, causing Tamara Greene to fall onto a coffee table and to break the coffee table. Carlita Kilpatrick then grabbed a table leg from the broken coffee table and struck Tamara Greene once with the wooden table leg.?
"Finally someone coming forward and saying, 'Yes, I was at the party.' Kwame was there, Bernard was there and Tammy Greene was there and she took a severe beating at the hands of Carlita Kilpatrick," said Birmingham lawyer Norman Yatooma, who is representing Greene's family in a $150 million wrongful death lawsuit against the city of Detroit.
Yatooma's lawsuit claims Kilpatrick and high-ranking police obstructed the investigation into Greene's unsolved slaying because it would reveal the truth about the never-proven party.
"I have no reason at all to believe that he is not giving us absolute honest to God's truth, and he swore to it. He swore under oath," said Yatooma.
Attorney General Responds
Cox, who is running for governor of Michigan, called the timing of the testimony a move to negatively influence his campaign.
"It is absolutely ridiculous. Here we have 800,000 people without jobs and we have a last minute shot to try and influence an election and try to get more money out of the city. After eight years?" Cox said. "If there was a witness wouldn?t we think that Kym Worthy would find a witness? That the state police would have found a witness? Gary Brown and researching his lawsuit would have found a witness."
Yatooma said the timing is not political and has nothing to do with the elections. He said it's the federal courts that schedule the dates of the depositions, and that's why this affidavit is coming out now.
Cox said he won't be put back by the accusations.
"It's not a surprise, absolutely not a surprise. I'm a big boy, I'm a Marine, I can't take some shots. And at the end of the day, I'll let the people decide," Cox said. "I think people know that I can stand up. I?m a 21-year prosecutor and I've had cops that have stood up for me, and I'm pretty confident that at the end of the day, people will make the right choice."
T. Berry, a former Detroit Police lieutenant who investigated the Greene homicide case, said he agrees with Cox.
"I think it's ludicrous. I think it's phony baloney," he said.
Witness Has Criminal Background
Kay, 35, has a checkered criminal history.
1996: He pleaded guilty in Oakland County for breaking and entering and weapons charges.
1997: He was found guilty in Wayne County for attempted arson.
2001: He was found guilty of a weapons charge and possessing marijuana.
Local 4 has learned the Detroit Police Department arrested the witness multiple times between 1997 and 2004.
In June 2004, Kay was arrested on a felony warrant during a traffic stop and was taken back to the 12th precinct, where he, according to police "acted like he fainted" and was transported to the hospital.
Four months later, he filed a report saying police kicked him, broke his fingers, dragged him to a scout car and brought him to the hospital and when he woke up, he was back in his prison cell.
If it's found that Kay gave false testimony while under oath, he could face up to two years in prison.
Several attempts to contact Kay at his Dearborn house were unanswered. Dearborn police confirm that Kay had filed a request for police protection.
Cox's office also issued a statement Tuesday questioning prior testimony given by retired police dispatcher Sandra Cardenas, who claimed she dispatched police cars to a disturbance at the mayor's mansion in 2002.
"Eight years later, in the last hours before an election, again here comes (sic) more unsubstantiated claims," the statement reads. "In fact, a judge tossed out her testimony because she couldn't remember if she remembered. Ms. Cardenas repeatedly failed to name a single person who supposedly told her this information and could not name a single date. Even Gary Brown says all this last minute information is not true."
Carlita and Bernard Kilpatrick do not want to be deposed in Tamara Greene civil action
Detroit Examiner
July 28, 2010
Norman Yatooma, the plaintiff's lawyer in Greene v Detroit and Kwame Kilpatriick, has known for a long time that Kwame Kilpatrick's wife Carlita and father Bernard did not want to give depositions in the case. Though federal judge Gerald Rosen had ruled that both could be deposed, Yatooma claims they kept stalling as the deadline for pre-trial discovery, including deps, drew near.
That was some trick, since both Carlita and Bernard were living in the same Texas town, and neither were employed, so scheduling their depositions should have been a mid-brain exercise.
Mike Cox answers allegations on Kwame Kilpartick's party Manoogian Mansion charge
Detroit Examiner
July 28, 2010
Attorney General Mike Cox, candidate in the 2010 Gubernatorial primary, is answering the allegations by Wilson Kay, Jr., that he attended Kwame Kilpatrick's legendary 2002 stripper party at the Manoogian Mansion in Detroit.
Some call it legendary because it is has been the focus of so many reports and a police cover-up. Others call it legendary in the form of an urban legend.
It is alleged that a wild party at the mansion, the official residence of Detroit’s mayor, was a prelude to the murder of Tamara Greene. As Attorney General, Cox lead an investigation that determined there was no evidence the party ever took place.
Kay, a five-time convicted felon, claims that not only does Cox know there was a party - Cox was AT the party.
The allegations, one week prior to a hotly contested primary, were quickly heralded by those believing there was a party and denied as a political ploy by those that do not.
"These claims are absolutely false, and frankly, absurd,” says Cox in an official written statement. "It's no surprise that these ridiculous, false allegations come just days before the election; I fully expected this kind of thing.”
At the time of the party Cox was not the Attorney General but he had taken over the position by the time of the investigation.
“I have never stepped foot inside the Manoogian Mansion,” says Cox, “and I had never even met the mayor in 2002.”
Tom Berry, the retired Detroit Police Lieutenant that worked on the FBI investigation of the alleged incident, says, "For eight years, no one has come forward and all of a sudden a career criminal puts out a bunch of lies. This story being perpetrated by political thugs is complete nonsense. As a former Detroit police lieutenant on the violent crime task force, I worked case after case with Mike Cox and know he is a leader of integrity."
Kay’s convictions includes weapons, drug, and arson charges.
After a court-ordered scheduling session, the deps of Carlita and Bernard Kilpatrick were scheduled for August 5 and 6 in Texas.
On Sunday, an attorney for the pair filed an 11th hour motion to quash the depositions. The motion is attributed to Ft Worth attorney Bobbie Gray Edmunds but after reading the motion I can tell that Edmunds didn't write it. It is less polished than Edmund's failed complaint to protect 'Carlita's' assets from being seized by Kym Worthy, and Edmund's name is mis-spelled.
I won't go into the details of the motion, which is rife with procedural objections, and constitutional concerns that could have been raised a long time ago. The most newsworthy argument is that, if the depositions are allowed, both Carlita and Bernard Kilpatrick will plead the Fifth Amendment's protection against self-incrimination. The brief also mentions, in the case of Carlita Kilpatrick, the spousal privilege, but that doesn't mean she can't render testimony as a fact witness just because her husband is being sued; the privilege only protects communication between husband and wife, and Yatooma does not need to get into that.
But the Fifth Amendment? Remember that this civil action claims that Kwame Kilpatrick and the city obstructed the investigation of Tamara Greene's murder on April 30, 2003. Technically, Yatooma does not have to show a motive for that, but if he found one it would make the case an easier sell for a jury.
Yatooma would like to show that Tamara Greene danced at a party in the Manoogian Mansion in the fall of 2002. So far the evidence for such a party is weak, but if there was one, Bernard Kilpatrick would have been there. So why shouldn't he be deposed? And if he is asked about the party, and he will be, how can he invoke the Fifth? He won't be asked about his consulting business, which is the only thing the feds find interesting about him. Bernard Kilpatrick's dep would give him a chance to deny, under oath, that the rumored party occurred. That would help his son, so why doesn't he want to do it?
Carlita's position is somewhat different. Yatooma will not only ask her if there was a party, but whether she came home unexpectedly and struck Tamara Greene with a baseball bat. WXYZ-7 has revealed that in the 7 1/2 years since the alleged party, Carlita has never consented to an interview about it. Since Carlita is not under investigation for anything, she could only legitimately invoke the Fifth in this case if she had indeed assaulted Tamara Greene. But if the party never happened, Carlita should not be reticent to put that on the record.
Prognosis: Discovery is to be liberally granted in a civil case, so the motion will accomplish little more than suggesting that Carlita and Bernard Kilpatrick have something to hide. The deps will go forward, even if the dates may be moved and the depositions placed under seal. I doubt either dep will go more than an hour, or that anything useful to the plaintiff will come out. But the deposition statements will lock in the trial testimony of these witnesses, and invoking the Fifth may work in Yatooma's favor.
Cox memo criticizes 'smear attack'
Morning Sun, The (Mount Pleasant - Alma, MI)
July 28, 2010
LANSING (AP) - Republican gubernatorial candidate Mike Cox's campaign on Tuesday attacked new allegations that he attended a rumored 2002 party at former Detroit Mayor Kwame Kilpatrick's official residence, calling the man who made the accusations a "liar" and pointing to his criminal record.
Cox campaign manager Stu Sandler sent a memo Tuesday to the attorney general's supporters questioning the timing of the allegations, which were made public one week before the primary election.
Cox is locked in a tight fight for the lead in the five-way contest and has had to deal repeatedly with questions about the rumored party, which never has been proven despite extensive police and media investigations, including one by Cox's office.
After that investigation was wrapped up in 2003, Cox said that the alleged party had "the earmarks of an urban legend." He now says he doesn't think the party occurred, but adds it wasn't his job to find out, only to determine if criminal activity took place.
He said after the new allegations surfaced Monday that he has never stepped foot in the Manoogian Mansion, the Detroit mayor's official residence. Cox was a Wayne County assistant prosecutor in 2002 and was elected state attorney general in November of that year.
Despite the lack of evidence that a party occurred, 35-year-old Dearborn resident Wilson Kay Jr. said in a July 13 written statement that he attended a party at the Manoogian Mansion in 2002 as part of a motorcycle club "hired to work security at the party." Although he doesn't give the exact date of the alleged party, he says Cox was there, along with Kilpatrick and others, and that exotic dancers were present.
Kay gave his rendition of events to Norman Yatooma, the attorney representing the family of Tamara Greene, a dancer who allegedly performed at the party. She was killed the following year in a drive-by shooting, and her family has filed a civil suit to prove Kilpatrick, high-ranking police and other city officials stifled an investigation into the slaying.
Kay said he saw female exotic dancers performing for Kilpatrick and others. He also says Kilpatrick's wife, Carlita, arrived unexpectedly and punched Greene after seeing her perform a lap dance on the mayor.
Kay missed an appointment to give a deposition to Yatooma about his comments and to undergo questioning from the other side. He apparently doesn't want to give another statement.
"I have been able to reach him. However, he has not expressed his willingness to come in," Yatooma said Tuesday in a phone interview. "I interviewed him personally. I believe he's telling the truth."
Sandler blasted Kay's comments in the affidavit, details of which were first reported by WDIV-TV in Detroit on Monday.
"Yesterday, a five-time felon put out a string of lies based on supposed incidents from eight years ago," he said in the memo. The campaign released state police records showing Kay had convictions for weapons, drug and arson charges.
During the investigation by the attorney general's office, Cox issued 90 subpoenas, questioned nearly 120 witnesses and pored over 10,000 pages of documents; his investigation ended after five weeks.
At the time, Cox said his office only was looking into the alleged party and whether Kilpatrick's police bodyguards had crashed city vehicles while driving drunk and received overtime for hours not worked.
BLOG: If the alleged Manoogian Mansion party occurred, will it impact Mike Cox's run for governor?
News-Herald, The (Southgate, MI)
July 28, 2010
It's less than a week away from the Aug. 3 primary election and things are heating up.
Attorney General Mike Cox has denied allegations that he was at the rumored 2002 party at Kwame Kilpatrick's city-owned mayoral residence, refuting an affidavit from a convicted felon who alleged that a motorcycle gang he belonged to provided security at the party and that Cox was one of the guests.
Birmingham attorney Norman Yatooma represents the family of Tamara Greene, an exotic dancer who was rumored to have been at the party. Greene was shot to death in Detroit on April 30, 2003. Her family is suing the city and Kilpatrick, alleging that the murder investigation was obstructed for political reasons.
Will this latest allegation harm Cox's run for governor?
Mike Cox questions timing, attorney, witness linking him to Manoogian Mansion lap dance
MLive
Jul 28, 2010
With Michigan's gubernatorial primary quickly approaching, a leaked affidavit linking Attorney General Mike Cox to a long-rumored 2002 party hosted by former Detroit Mayor Kwame Kilpatrick at the Manoogian Mansion prompted the Republican candidate to criticize the timing, witness and attorney involved.
WDIV on Monday night first reported on the affidavit signed under oath by 35-year-old Dearborn resident Wilson Kay Jr., who said he worked for a motorcycle club that was hired to provide security at the party. In the statement, Kay said he saw Kilpatrick and Cox receive lap dances and witnessed Carlita Kilpatrick assault dancer Tamara "Strawberry" Greene with the leg of a broken table.
Attorney Norman Yatooma is representing Greene's family in a civil suit against the City of Detroit and Kilpatrick, alleging local officials conspired to block an investigation into her drive-by murder, which occurred the following year.
Cox repeatedly has denied attending the party or interfering with any investigation, and said Monday he has never been to the Manoogian Mansion.
After eight years and investigations by local, county, and state authorities, Kay is the first and only person to say he was at the party, and the Cox campaign was quick to point out he has a lengthy criminal track record, which includes convictions for breaking and entering, attempted arson, marijuana possession and carrying a concealed weapon.
Kay, who filed for a police protection order on Monday after reportedly receiving a death threat, also failed to show up for a recent deposition, but Yatooma says he may ask a federal judge to compel him to testify.
Cox and Yatooma appeared separately on WJR-AM 760 on Tuesday to discuss the case.
On whether Kay can be trusted in light of record, missing deposition
Cox: I don't think he wanted to commit perjury. You know, an affidavit, you can't ever be prosecuted for an affidavit, but if you swear under oath at a deposition, you absolutely can be. I don't know that he wanted to add felony conviction number six to his record.
Yatooma: When you're dealing with criminals, you often receive information about them from criminals. You may not like it, but that's the reality of it.
On the affidavit being leaked one week before the gubernatorial election
Cox: Mr. Yatooma is following a tried and true marketing ploy and it happens all across the country: Be the trial lawyer who fights "the man." And in this case, I'm "the man." And it gins up business and it gets his name in the paper. And a week from the election, this certainly gets his name in the paper. This affidavit was done July 13th. The reality is there will be motions -- the deposition cutoff is as I understand it a week from now. There's not going to be any motions filed for a number of weeks. This would have been, in a normal case, attached at that time. But Mr. Yatooma can read the calender, and he knows what's going on.
Yatooma: This has nothing to do with the primary, or quite frankly Mike Cox. I'm not a big fan of Mike Cox, there's no secret about that, but this isn't about Cox. It's about Kwame Kilpatrick and the City of Detroit. The date's are driven not by the election, but they're driven by the scheduling order of the courts. The discovery close date here is July 31, which means that all discovery is to be completed by the end of this month.
On why Kay didn't come forward sooner
Yatooma: Don't forget one obvious fact, six years ago, Kwame Kilpatrick was not in jail. Kwame Kilpatrick was running the city, and it seems with an iron fist. He controlled the police force. He controlled the executive protectin unit. He controlled darn near everything he wished. Right now, Kwame Kilpatrick controls nothing, not even his meal schedule. So it's a lot easier for people to come forward than it was two, three, four, five, six, seven years ago.
Cox: We have this affidavit but he wouldn't show up for a deposition. For 14 years, when I was a prosecutor in Detroit, we had people who would see there friend or neighbor murder someone else on their street. And they would come down to the Frank Murphy Hall of Justice and they would testify in an open courtroom knowing that afetr the guy was convicted they'd have to go back on the same street. It happens every single day in the criminal courts, not only in Detroit, but all across this country. This mayor has been gone for a number of years. He holds no power over anyone. His father is supposedly broke. He has nobody out there on his behalf. The idea that anybody out there would be afraid of him at this point is completely ludicrous.
Kwame Kilpatrick seated for deposition in the Tamara Greene case
WXYZ-TV Detroit
Jul 29, 2010
A friend's pal's uncle says the party was real
Detroit News
July 29, 2010
At a reception last fall in the suburbs, the fellow sitting next to me wanted to pass on a hot tip about the infamous Manoogian Mansion party - he works with a guy whose brother is a real player in the city, and he was at the party. No joke. There was a party, and this brother of a co-worker, this player whose name couldn't be revealed because it would ruin him with his homeboys, was there.
I put my head on the table and banged it real hard a couple of times.
In the eight years the Manoogian party has been this town's favorite urban legend, I've talked with hundreds of people who are just one, two or three degrees of separation from Kwame Kilpatrick's big blow-out on the river.
It must have been bigger than Woodstock, because everyone seems to work with someone who knows a trooper who answered a 911 call at the mansion, but was ordered to keep it on the QT. Or they have a brother who delivered the liquor and was told to forget he was there. Or their girlfriend's ex-husband was at the party when he was supposed to be at work, and that's why they got divorced. What unites them is an inexplicable fear for their lives if they talk openly about what they saw.
Maybe they're afraid of the motorcycle gang Kilpatrick hired to provide security for the blow-out, as if it were a Rolling Stones concert.
Seemingly out of nowhere, slickster attorney Norman Yatooma this week produced one of those bikers as the first on-the-record eyewitness, a felon with a rap sheet to rival the one being compiled by the party's host. Yatooma is trying to squeeze millions out of the city in a lawsuit filed by the family of Tamara Greene, the stripper who provided the entertainment and then was mysteriously slain. Greene, according to the biker, was whupped with a table leg by an enraged Carlita Kilpatrick, who showed up at the Manoogian to find the stripper perched on her husband's lap.
And what a coincidence - the biker also identified one of the revelers as Attorney General Mike Cox, who was enjoying a lap dance himself. That fits quite nicely into Yatooma's allegation that Cox killed the State Police investigation of the party. Wow. Now we know why.
I don't know if this is a sleazy legal trick or a sleazy political trick, given it came just a week before the Republican gubernatorial primary that Cox is trying to win. It may be both.
But I can't swallow that after eight years, suddenly we have someone with first-hand knowledge of the party and can link it to Cox, and conveniently he surfaces just days before the election. And he's describing a throw-down that would have rocked the river. Yet the neighbors didn't notice a thing.
I guess the mayor must have confiscated all cell phones at the door, because not one image or video has emerged from the party, and when does that happen today?
I don't know if this latest "bombshell" hurts Cox in the election. I tend to believe that the issue has been around so long the polls have already accounted for its impact. But it's a close race; even a few percentage points lost at this point is damaging.
Maybe Cox can turn it into a positive, though. If he was at the Manoogian that night, he knows who else was there. Give them all a call, and since they are so easily intimidated, tell them that if they know what's good for them, they'll show up at the polls next Tuesday and vote for him. If all the friends of the uncles of old college roommates respond, he'll win in a landslide.
Kilpatrick faces deposition in stripper's death
Morning Sun, The (Mount Pleasant - Alma, MI)
July 30, 2010
DETROIT (AP) - Imprisoned ex-Detroit Mayor Kwame Kilpatrick is attending a deposition in a civil suit filed by the family of a slain Detroit stripper.
WDIV-TV reported Thursday morning that Kilpatrick traveled from a federal prison in Milan, to U.S. District Court in Detroit. He'll be questioned by Norman Yatooma, lawyer for Tamara Greene's three children.
Their suit names the City of Detroit and Kilpatrick, saying the police investigation into Greene's 2003 shooting was hindered.
Greene was shot to death outside her home in 2003. She's rumored to have performed months earlier during a private party at the mayor's Manoogian mansion residence.
Kilpatrick's wife Carlita and father Bernard are expected to give depositions next month in Texas, where she lives.
Could health record discredit witness in alleged Manoogian party?
Detroit Examiner
August 1, 2010
Detroit, MI -The only witness to come forward in the alleged, “Urban Legend” Manoogian party case is now appearing the be discreditable due to his history of in-patient services at a Detroit psychiatric clinic.
Wilson Kay Jr., was ordered held in a psychiatric clinic as a danger to himself and others in a 2000-01 criminal case, according to court records obtained by the Detroit Free Press.
In the court file, the marijuana and drug case contains a two-page document from Aurora Healthcare Inc. saying that Kay “is not mentally stable and is not ready for discharge/released to the community.”
Kay was ordered to be an in-patient for 45 days. Some legal experts say the records raise questions about Kay’s claims in an affidavit that he saw then-Detroit Mayor Kwame Kilpatrick and Attorney General Mike Cox getting lap dances at the party.
Kay also alleged that the mayor’s wife assaulted a stripper there.
Although Kay has given detailed description of what when on the night of the alleged party, his creditability is in question. Kay’s story did not differ from what others were attesting happened.
Republican gubernatorial candidate, Mike Cox said that Kay’s story is a lie and that Kay “is being used by others for political and financial gain.”
Kay’s affidavit, taken by lawyer Norman Yatooma, who represents the family of a slain exotic dancer in a lawsuit against the city and Kilpatrick, surfaced a week before the primary election in which Cox is a Republican gubernatorial candidate.
In earlier stories, there were rumors saying two exotic dancers attended the party. The other dancer unfortunately was killed in Atlanta, subsequent to the time of Detroit dancer‘s death.
Yatooma said he did not know of Kay's mental history when he took a sworn statement from the self-described motorcycle club member on July 13 about attending the rumored party. Yatooma said, Kay feared for his safety, and now has dropped out of sight. Kay missed a recent federal deposition, where he would have had to testify under oath and been cross-examined by defense attorneys in a lawsuit against the city filed by Yatooma on behalf of the family of Tamara Greene, the Detroit exotic dancer killed in a drive-by shooting several months after she purportedly danced at the party.
If Kay's testimony is key to Yatooma's argument, questions about Kay's credibility could tarnish the affidavit. Several attempts to reach Kay at a variety of current and previous addresses has been unsuccessful.
Who has a reason to lie?
Detroit Examiner (MI)
August 2, 2010
Who are we to believe? Is Attorney General Mike Cox, the state's highest ranking law enforcement official, telling the truth, or is it Wilson Kay, Jr., a biker with an extensive criminal record and past mental health issues?
In a sworn affidavit leaked to the media a week ago, Kay said he was part of a motorcycle club hired to handle security at a wild party held in the fall of 2002 at Detroit's mayoral residence, the Manoogian Mansion. The entertainment included strippers, and attendees included then-Detroit Mayor Kwame Kilpatrick, his father Bernard Kilpatrick, and Cox, at the time a Wayne County assistant prosecutor and Republican candidate for attorney general.
Kay claims he saw a stripper give Cox a lap dance. More significantly, according to Kay, the stripper Tamara Greene was giving Kwame Kilpatrick a lap dance when his wife Carlita arrived unexpectedly. Carlita Kilpatrick punched Greene, causing her to fall on a coffee table and break it, then beat Greene with a leg from the broken table.
Greene was killed in a drive-by shooting on April 30, 2003, a murder that remains unsolved, and her family, represented by attorney Norman Yatooma, has sued the City of Detroit and Kwame Kilpatrick, alleging that Kilpatrick had Detroit police sabotage the murder investigation.
Cox, locked in a tight Republican primary for governor that will be decided tomorrow, says that Kay is lying. He not only denies attending the alleged party, but claims that he has never set foot in the Manoogian Mansion and had yet to meet Kilpatrick in 2002.
There are some people who will believe Cox, given the difference in status and background between him and Kay. Such an approach is shallow and superficial. The key question to consider in weighing the credibility of each of them is: Who has a reason to lie?
Kay is not a party to the lawsuit, and therefore has nothing to gain from its outcome. If he is lying, he could go to jail for perjury. As such, he has no reason to lie.
Some observers find Kay's claim that Kilpatrick hired a biker gang to work security absurd when he had a Detroit police security detail at his disposal. But this claim is plausible and could provide a key to solving the Greene murder.
If illicit activities were going on at the party, then Kilpatrick may not have wanted any police around. If Kilpatrick was willing to do business with a biker gang, then perhaps he would work with other underworld figures, possibly hiring a hit man to kill Greene in order to shut her up and scare witnesses into silence. If underworld figures are involved, then they would want their activities to permanently remain covered-up, and it wouldn't matter that Kilpatrick is now out of office and behind bars.
Kay would be well aware of the risks he is taking by coming forward, again giving him no reason to lie. Yatooma said Kay was difficult to track down and has received death threats, causing him to cancel a scheduled July 21 deposition and go into hiding. Yatooma may ask U.S. District Court Judge Gerald Rosen for a court order compelling Kay to attend his deposition.
Cox, described by some political observers as "ruthlessly ambitious," does have a reason to lie. Cox led an investigation into rumors of the alleged party in early 2003. Given his ambitions, high profile as attorney general and the chance to nail a prominent Democrat like Kilpatrick, he was expected to dig thoroughly. Cox concluded that the party was an "urban legend." But if Cox had attended the party and was honest about it, he would have had to admit to being in a compromising position and kiss his ambitions goodbye. He would have recused himself from any involvement in the investigation other than being a witness, and would have wound up as a one-term attorney general.
Flashing forward to the present, if Kay is telling the truth and Cox is honest about his involvement, then he would have admitted to being at the party. But that would have made him a sure loser in the Republican gubernatorial primary. If the choice was between honesty and ambition, which would Cox choose?
While I am not a big fan of conspiracy theories, the dots are there to be connected, and we may see far more substance when the case goes to trial and depositions are unsealed. But don't expect any open-mindedness on this subject from the Detroit Free Press editorial page, which I'll discuss in my next installment tomorrow.
A watchdog that refuses to bark
Detroit Examiner
August 3, 2010
One of the most important functions of the media is that of a watchdog, holding politicians and other powerful figures accountable on behalf of the public.
The Detroit Free Press has expressed reservations about Attorney General and Republican gubernatorial contender Mike Cox's handling of a 2003 investigation into a rumored wild party at the Manoogian Mansion, which Cox concluded was an "urban legend." But when Wilson Kay, Jr., a biker with a criminal record, said Cox attended the party, which would have made the investigation a whitewash designed to preserve Cox's political ambitions, the Free Press refused to go there.
The trial of a lawsuit filed by the family of Tamara Greene, a stripper who allegedly performed at the rumored party and was assaulted by Carlita Kilpatrick, wife of then-Mayor Kwame Kilpatrick, in the fall of 2002, then was murdered in a drive-by shooting in April 2003, a crime that remains unsolved, is months away, and depositions in the case remain sealed by order of U.S. District Court Judge Gerald Rosen. But last Thursday the Free Press, both in an editorial and a column by Deputy Editorial Page Editor Brian Dickerson, prematurely concluded that Kay is lying and his sworn affidavit is a political smear aimed at Cox and orchestrated by Norman Yatooma, the lawyer representing Greene's family.
The editorial claimed that Kay's story consists of "nearly all things he could have read in news accounts about the rumor," which is false. No previous accounts mentioned Cox attending the party, a biker gang providing security, or Greene giving Kwame Kilpatrick a lap dance when Carlita unexpectedly arrived. We had never previously heard that Carlita Kilpatrick punched Greene, causing her to fall on a coffee table and break it. Previous stories claimed that Carlita Kilpatrick beat Greene with a baseball bat, not the table leg Kay said she used.
Both the editorial and Dickerson's column were filled with personal attacks on Yatooma. The editorial said that, "Yatooma is more comfortable as a carnival barker than as an attorney," while Dickerson said, "Yatooma seems far more interested in embarrassing Cox," "Yatooma is playing the Greene family like a fiddle," and "Yatooma fancies himself the new Geoffrey Fieger."
The Free Press was especially bothered by the timing with which Kay's affidavit was leaked, a little more than a week before today's primary. But whoever leaked it, and Yatooma has denied doing so, was probably focused on a frightened Kay skipping a scheduled July 21 deposition while the deadline for wrapping up pretrial discovery is approaching. Besides, if Kay's claim proves to be true, shouldn't voters be aware of it before the primary instead of after?
At the same time, the Free Press never mentioned the possibility that Kay's account may already be corroborated in the sealed depositions, which would come out during the trial, failing to display the wisdom to withhold judgment when facts are in dispute and we have yet to see all the evidence.
The Free Press has continued to attack Kay's credibility, running a story on Sunday about his past mental health issues, which appear to be irrelevant. In 2000, Kay was found to be mentally unstable and ordered held for inpatient treatment by Wayne County Probate Court Judge Freddy Burton. But in 2001, Kay was found competent to stand trial. Yatooma said Kay showed no signs of mental problems and has given a consistent account.
Meanwhile, Cox claimed Kay "is being used by others for political and financial gain." As Kay has received death threats for coming forward, has nothing to gain from the outcome of the trial and faces perjury penalties if he is lying, this assertion is so ludicrous that it insults the intelligence. Such an over-the-top statement should make us question Cox's credibility.
Free Press reporter Dawson Bell concluded a candidate profile on Cox last Friday by asking about the rumored Manoogian party, "Is there anybody left who hasn't made up his or her mind on this issue?" Since the trial is months away and the depositions remain sealed, there isn't enough evidence available to enable anyone to make up their mind. We can only have gut feelings, one way or the other, about whether the alleged party happened. It's too bad that the denizens of the Free Press editorial page don't understand the difference.
Ex-mayor's father, wife must sit for interviews
Hillsdale Daily News, The (MI)
August 5, 2010
The wife and father of former Detroit Mayor Kwame Kilpatrick must sit for interviews in a civil lawsuit over the death of a stripper.
A federal judge in Detroit refused to block the depositions Wednesday.
They had been set for this week but will be moved to another date.
The family of Tamara Greene says Kilpatrick stifled an investigation into her still-unsolved fatal shooting in 2003. He denies it.
Attorney Norman Yatooma wants to interview Carlita Kilpatrick and Bernard Kilpatrick about a long-rumored party at Detroit's mayoral mansion where Greene may have danced.
Judge Gerald Rosen says the depositions will be videotaped. Transcripts of the interviews will be sealed but might be released later.
Why question Carlita Kilpatrick?
WXYZ-TV Detroit
Aug 11, 2010
Ex-Detroit mayor deposed
Grand Rapids Press
August 11, 2010
DETROIT -- Ex-Detroit Mayor Kwame Kilpatrick spent four hours Tuesday answering questions from a lawyer for the family of a slain stripper.
Attorney Norman Yatooma said he will ask a judge to allow the deposition to resume on another date.
Yatooma's suit said Kilpatrick stifled an investigation into Tamara Greene's fatal shooting in 2003. He denies it.
Kilpatrick lawyer James Thomas said the ex-mayor made a "good-faith attempt" to answer questions Tuesday but at times invoked his right against self-incrimination.
Kilpatrick's wife and father are expected to give depositions Thursday in Texas. Kilpatrick is under indictment on federal tax and fraud charges and is in prison for violating probation.
Ex-mayor's dad a no-show
Grand Rapids Press
August 13, 2010
DETROIT -- Bernard Kilpatrick, the father of former Detroit Mayor Kwame Kilpatrick, did not show up in Texas on Thursday for interviews in a civil lawsuit over the death of a stripper. The family of Tamara Greene says ex-Mayor Kwame Kilpatrick stifled an investigation into her unsolved fatal shooting in 2003. He denies it.
Ex-Detroit mayor's dad skips deposition
Traverse City Record-Eagle (MI)
August 13, 2010
DETROIT — The father of former Detroit Mayor Kwame Kilpatrick did not show up in Texas for interviews in a civil lawsuit over the death of a stripper.
Bernard Kilpatrick was a no-show Thursday morning at his scheduled deposition.
The family of Tamara Greene says ex-Mayor Kwame Kilpatrick stifled an investigation into her still-unsolved fatal shooting in 2003. He denies it.
Attorney Norman Yatooma wants to interview Carlita Kilpatrick and Bernard Kilpatrick about a long-rumored party at Detroit's mayoral mansion where Greene may have danced. Carlita Kilpatrick was expected to attend her deposition Thursday afternoon.
The Detroit News and Detroit Free Press say Yatooma is expected to file court papers asking that Bernard Kilpatrick be held in contempt.
Deposition set for unnamed woman in stripper suit
Hillsdale Daily News, The (MI)
August 16, 2010
A woman was expected to give a deposition Saturday in a lawsuit filed against ex-Detroit Mayor Kwame Kilpatrick and the city by the family of a stripper gunned down months after she was believed to have performed at the official mayoral residence.
Lawyers refused to release the woman's name or her connection to Tamara Greene's 2003 slaying and a 2002 party rumored - but never proven - to have taken place at Manoogian Mansion, The Detroit News reported.
Her testimony, like her identity, has been ordered sealed, said lawyer Norman Yatooma, who represents Greene's three children in the civil lawsuit.
City attorney seeks end to stripper suit
Detroit News
August 20, 2010
For all of the thousands of records that attorney Norman Yatooma has generated in his bid to prove the city of Detroit obstructed the investigation of a stripper's 2003 death, he's failed to produce any proof of a conspiracy, a city attorney says.
John Schapka, in a motion filed in U.S. District Court on Wednesday, asked a judge to allow the city to file a request to dismiss a suit claiming it obstructed the investigation into the death of Tamara Greene.
Schapka derided Yatooma's sweeping search for evidence as an "unfocused shotgun blast of supposition."
He wants to keep the records private, as previously ordered by Rosen. To defend the city, Schapka said he will need to quote liberally from thousands of pages of secret records.
Greene, linked to a rumored party at the mayor's Manoogian Mansion in the fall of 2002, was shot to death in Detroit on April 30, 2003. Her family sued ex-Mayor Kwame Kilpatrick and the city in 2005, alleging they obstructed the investigation of her unsolved murder.
Schapka said the evidence generated in the case is staggering: more than 10,000 pages of Detroit police and fire records alone, in addition to 11 million police computer files. Two investigations, one by the Michigan State Police and a homicide investigation by the city, generated 3,500 pages of records, he wrote.
But he said all of that evidence "fails to demonstrate the existence of a triable genuine issue of material facts in this regard."
Rosen had earlier ruled that many records would be sealed, in part because their release could unfairly damage people only tangentially tied to the probe.
"To support its position, the city must attach and cite most, if not all, of the sealed depositions taken in this matter," Schapka wrote.
Schapka took aim at Yatooma, the Greene family's attorney, for his discovery efforts. He has sought text messages, investigative records and other documents, as well as interviewing several dozen people in and out of the former Kilpatrick administration.
But Schapka said Yatooma pursued "often inconsistent, convoluted conspiracy theories upon which they predicate the city's factual liability."
Deposition continues for Christine Beatty, former chief of staff for Kwame Kilpatrick
MLive
Aug 20, 2010
The former top aide to ex-Detroit Mayor Kwame Kilpatrick is expected to resume her deposition in a civil suit by the family of slain stripper Tamara Greene.
Christine Beatty is to meet Friday with attorney Norman Yatooma at her lawyers' Southfield office. The first part of her deposition was given last month.
Yatooma represents Tamara Greene's three children. Greene was fatally shot in 2003, several months after reportedly performing at a rumored wild party at the Detroit mayoral mansion.
The lawsuit says Kilpatrick and others stifled a police probe of the death.
Beatty was Kilpatrick's chief of staff.
Explicit text messages with the married mayor on Beatty's city-issued pager showed they lied in a separate civil case. Both were charged and served jail time.
Suspicious numbers in Tamara Greene's phone?
WXYZ-TV Detroit | Channel 7
Aug 26, 2010
Attorney fights records request in stripper suit
Detroit News
August 27, 2010
An attorney for the city of Detroit is challenging a request for more records in the case brought by the family of a slain stripper, claiming it has complied with some of the requests and claiming others are either burdensome or unnecessarybecause certain records don't even exist.
John Schapka argued in a motion filed Thursday in federal court that there is no "legal or factual nexus" to connect the murder of Tamara Greene in 2003 to an alleged party at the Manoogian Mansion, where she allegedly entertained for former Mayor Kwame Kilpatrick.
Records sought include e-mails, correspondence, 911 tapes, police personnel files, city communication records, Detroit Fire Department response records and other documents.
Detroit mayoral mansion might get new name
Morning Sun, The (Mount Pleasant - Alma, MI)
August 28, 2010
DETROIT (AP) - The stain of a rumored wild party involving strippers that allegedly occurred at Detroit's Manoogian Mansion during the tenure of disgraced former mayor Kwame Kilpatrick may prompt officials to change the name of the river front estate to the "Mayor's Residence," officials said Friday.
Mayor Dave Bing, the Manoogian family and Masco Corp. officials are involved in those talks, said Bing spokesman Dan Lijana. Lijana said the idea for the name change was Bing's.
Alex Manoogian, an Armenian immigrant, founded the home improvement product manufacturer in 1929. He presented the 4,000-square-foot mansion along the Detroit River to the city in 1965 as a gift.
Bing and his wife, Yvette, are expected to move out of their condo in Detroit and into the mansion sometime next week.
Over the past year, the mayor had been softening his position on moving into the Manoogian. Following his May 2009 special runoff election win to complete Kilpatrick's second term as mayor, Bing said he would not move into the mansion and that it should be made available for some type of public use.
Philanthropic and corporate leaders have been asking Bing to change his mind and Bing finally relented, Lijana said.
"The bigger thing is that he has become convinced that the image needs to be changed and this is part of doing it," Lijana said.
The mansion is in a small, older subdivision a few miles northeast of downtown. The annual maintenance bill for the property is $116,000.
It has been empty since late in 2008 when Kilpatrick, his wife, Carlita, and their three young sons, were forced to move after he stepped down as mayor that September.
Kilpatrick was in his first term as mayor in late 2002 when rumors began to surface about a party at the mansion. The family of slain stripper Tamara Greene claims in a civil lawsuit against Kilpatrick and the city that she danced at the party. Greene was shot to death outside her Detroit home the following spring.
Bernard Kilpatrick Deposed In Tamara Greene Murder Case
WXYZ-TV Detroit
Aug 31, 2010
Ex-mayor's dad deposed in civil suit
Detroit News
September 1, 2010
Birmingham - After delaying for weeks, Bernard Kilpatrick answered questions under oath for much of Tuesday about a lawsuit involving the death of a stripper rumored to perform at a party he insists never happened.
Kilpatrick, the father of disgraced ex-Detroit Mayor Kwame Kilpatrick, arrived early and was eager to talk.
Despite his lawyer's efforts to silence him, Bernard Kilpatrick criticized an investigation into the alleged Manoogian Mansion party, called the father of slain stripper Tamara Greene's son a "deadbeat" and defended his imprisoned son, who was indicted in June on 19 fraud and tax counts.
Before heading into the deposition, Kilpatrick told reporters it is "terrible" that he is being deposed, denied the raucous party ever occurred and blamed the civil lawsuit on "greedy" people.
"I'm angry to even be here," he said.
Kilpatrick also said his son's life was "dedicated to the people of Detroit" and said "it's crap" that "they're trying to pin a murder on him."
The former mayor is "doing good" during his 14-month prison sentence for probation violations, said his attorney, James C. Thomas.
"His spirits are good," said Thomas, who attended the deposition. "Kwame Kilpatrick is a fighter. He's not giving up."
The mood outside the deposition was sometimes playful, as Bernard Kilpatrick asked reporters "how do I look?" in his brown pinstriped shoes and diamond stud in his left earlobe.
Inside, the mood was more "contentious," said Norman Yatooma, who represents Greene's family in their suit against Kwame Kilpatrick and other city officials. The suit alleges a Detroit Police investigation into her shooting death in April 2003 was quashed. A state investigation into claims she performed at a party hosted by the mayor in 2002 concluded it was an "urban legend."
"I'm happy with how it went," Yatooma said. "I enjoy contentious(ness) at times."
Yatooma does not need more time to question Bernard Kilpatrick under oath. Yatooma declined to be specific about the deposition's questions and answers. Questions began at 10 a.m., broke for lunch and concluded before 4:30 p.m.
The deposition was delayed because Bernard Kilpatrick failed to show up to a scheduled deposition three weeks ago in Fort Worth, Texas, where he now lives. He was threatened with contempt if he missed again.
Yatooma rebuked Bernard Kilpatrick for leveling the deadbeat accusation.
"Bernard Kilpatrick calling someone else a deadbeat dad is rich," Yatooma said.
In the late 1980s, Bernard Kilpatrick's ex-wife, outgoing U.S. Rep. Carolyn Cheeks Kilpatrick, alleged in court papers that he owed $4,222.50 in back child support. A judge ordered his pay garnisheed.
Both Bernard Kilpatrick and his son are part of a federal probe into city corruption. A federal indictment was handed up against Kwame Kilpatrick in June, alleging he spent hundreds of thousands of dollars donated to a civic fund on travel, yoga and other personal expenses. The charges are punishable by up to 20 years in prison.
City must release cell phone records in Greene case
WXYZ-TV Detroit
Sep 2, 2010
City Told To Produce Records In Stripper Case
Family Claims Investigation Bungled
Click On Detroit
September 2, 2010
DETROIT – A judge has ordered Detroit to give certain phone records to lawyers who want to know whether city employees had contact with a stripper before she was fatally shot in 2003.
It's another development in a lawsuit filed against the city and former Mayor Kwame Kilpatrick. Tamara Greene's family claims the murder investigation was intentionally bungled. Kilpatrick denies he had anything to do with her death.
Greene's family said her phone showed calls with prefixes that might belong to city employees.
Magistrate Judge R. Steven Whalen on Thursday said the city must find phone records as well as turn over some payroll records.
In the weeks ahead, lawyers for the city and Kilpatrick will ask that the lawsuit be dismissed.
Lawyers who represent Greene's family have gotten depositions from imprisoned former Detroit Mayor Kwame Kilpatrick, his wife, Carlita, his father, Bernard Kilpatrick, and his former chief of staff Christine Beatty.
Greene was shot to death on a Detroit street in April 2003. Her killing has not been solved.
Greene, who worked as a stripper under the name of Strawberry, was alleged to have danced at a party at the Manoogian mansion in 2002.
Stories have circulated that then-mayor Kwame Kilpatrick's wife confronted Greene and assaulted her.
Attorney General Mike Cox investigated the rumored party hosted by the mayor but called it an "the earmarks of an urban legend."
Attorneys for the Greene family have filed a federal lawsuit against Kwame Kilpatrick and the city of Detroit, alleging they obstructed the investigation into Greene's death.
Lawyers for Kilpatrick and the city have denied the allegations.
More trouble for friends of Kwame: Bobby Ferguson indicted on 8 federal charges
MLive
Sep 08, 2010
While Kwame Kilpatrick's digital friends continue to seek donations for the former mayor of Detroit, his real life friends continue to find themselves on the wrong side of the law.
Fox 2 reports federal officials on Wednesday indicted longtime Kilpatrick friend and business associate Bobby Ferguson on eight charges, including fraud, money laundering and obstruction of justice. The indictment names three other defendants and three corporate entities -- including Ferguson Enterprises, Inc.
Ferguson is accused of obtaining millions of dollars worth of public works contracts related to the Garden View Estates public housing project in Detroit through fraud, false statements and bid collusion. He could face up to 20 years in prison if convicted.
U.S. Attorney Barbara McQuade alleges Ferguson and his co-defendants used a fraudulent proposal to land XCEL Construction Services a contract and then, under the guise of a competitive bidding process, paid Ferguson's company more than $9 million to complete work related to the project.
Ferguson Enterprises recently hired a marketing expert to blog about the company. In a particularly-relevant entry from March, Ferguson suggested the FBI was punishing innocent bystanders with its ongoing investigation of corruption in City Hall.
For those keeping track at home, Ferguson joins a growing list of Kilpatrick compatriots to face federal charges. Former aides DeDan and Kandia Milton received prison sentences earlier this year for their role in the city's sale of Camp Brighton.
City seeks more time in stripper lawsuit
Detroit News
September 10, 2010
Detroit - A lawyer representing the city asked a federal judge Thursday for more time to file a motion to dismiss a case filed by the family of slain exotic dancer Tamara Greene.
John A. Schapka cited more than 39 depositions conducted, thousands of pages of documents compiled, and millions of computer files.
Detroit claims to know Tamara Greene's killer
WXYZ-TV Detroit
Sep 14, 2010
Detroit wants to file motion under seal in Greene case, claims it will reveal killer and C.I.
Detroit Examiner
September 14, 2010
The City of Detroit expects to file a motion the dismiss the case of Greene v Detroit and Kwame Kilpatrick on Wednesday. But Monday, the city asked Judge Gerald Rosen to keep the motion under seal because it will reveal the names of the killer and a jailhouse confidential informant, which would hurt the ongoing murder investigation.
Detroit's ploy will likely fail for a number of reasons:
1. The suspect's name is already public. Remember when former DPD Chief Warren Evans, as he was just getting settled in, declared that the Tamara Greene file (or what was left of it) was going to the top of the stack of cold cases to be investigated? Well if the 'new investigation' has produced any suspects, the DPD has not talked about them.
Yet one name came out of the initial investigation, and you can be damned sure this is the man the city will name as the 'killer.' Their problem is that the name is no secret, or mentioned only by a select number of people in whispers. Rather, Darrett King's name has been trumpeted to the news media for some time, most frequently by retired DPD investigator Mike Carlisle.
Naming King as Greene's killer is in the city's interest because he was a suspect in the first investigation. That tends to cast doubt on plaintiff's lawyer Carl Yatooma's contention that the original investigation was morbidly inadequate. More important, it would support the notion that the Greene family could have filed a civil action against the killer despite any alleged suppression of the criminal case. That could be used in the city's motion to dismiss the case.
All that notwithstanding, since King's name is no secret, the idea of sealing the motion is absurd.
2. The C.I.'s name should not be used anyway. If a confidential informant exists, the cops wouldn't want his name used in a civil action. Even if the document were sealed, too many people in Yatooma's office would be exposed to it, e.g., secretaries, law clerks, paralegals, filing clerks, to assure confidentiality. Besides, it's unfair to base a motion to dismiss on the statements of some guy Yatooma never got to depose and cross-examine under oath.
3. Sealing deps is one thing; sealing a motion goes too far. Sure, Judge Rosen has ordered certain depositions to be sealed. But sealing a pleading, especially a motion to dismiss a plaintiff's case, should probably never be done.
It's worth mentioning that Garrett King has not been charged with Greene's murder. There's no rush, since King is doing 19-30 years in prison, but Kym Worthy passed on the chance to indict him after Carlisle's investigation, evidently believing the case against him was too weak.
Carl Yatooma doesn't like King for the killing, and frankly neither do I. King knew both Tamara Greene and her friend Eric Mitchell. So if King were to kill Greene as she sat in her car with Mitchell, why would he make two passes at Greene's car, pumping her full of lead, without also killing Mitchell? There would have been too great a chance that Mitchell would recognize King to chance leaving him alive.
I'll talk about the criminal case in a separate writing.
City of Detroit lawyer: We know who killed stripper Tamara 'Strawberry' Greene
MLive
Sep 14, 2010
The city of Detroit says it knows who killed stripper Tamara Greene in 2003 but wants to keep that and other information secret while its investigation continues.
A lawyer for the city made those revelations Monday in a motion asking a federal judge to let Detroit file a sealed request to dismiss a lawsuit by Greene's family.
The family has sued the city and ex-Mayor Kwame Kilpatrick over what they say was a deliberately bungled investigation.
Greene has long been rumored to have danced at a party at the mayor's official residence.
The motion says that to defend itself, the city would have to compromise its investigation by disclosing evidence identifying the killer and an informant.
A Greene family lawyer says the court could seal evidence later.
Did Darrett King kill Tamara 'Strawberry' Greene?
MLive
Sep 15, 2010
Attorney General Mike Cox says attorneys for the City of Detroit believe convicted felon Darrett King murdered exotic dancer Tamara "Strawberry" Greene in a 2003 drive-by shooting.
City lawyer John Schapka on Monday requested that U.S. District Court Judge Gerald Rosen seal a motion to dismiss a lawsuit filed on behalf of Greene's family, who allege former Mayor Kwame Kilpatrick and other city leaders conspired to block an investigation into her death.
"To demonstrate the lack of causal nexus between Greene's death and the rumored Manoogian party, the City must detail the factual evidence which identifies her killer, including that originating with an informant," he wrote in the filing, per The Detroit News. Rosen denied the request to seal the motion.
Cox, whose gubernatorial campaign suffered from rumors of his own involvement in the Manoogian Mansion party, said he was forwarded "blurbs" of the motion last night but has not seen the full document.
"It's laid out in the City of Detroit motion that a guy who is incarcerated in federal prison said that Darrett King, who was the chief suspect, admitted it to him," Cox told host Paul W. Smith this morning on WJR-AM 760.
"People from the Detroit police homicide cold case unit went and interviewed him quite a while ago. In fact, Tamara Greene's grandmother reported shortly before Ms. Greene was shot that Tamara Greene was telling people -- telling her grandmother -- that she was afraid of Darrett King because he had beaten her and blackened her eye two weeks before. And that as a matter of fact, she had bought a gun because she was afraid of King."
Cox again cautioned that he had not read the full motion, but said he believes homicide detectives requested a warrant request "quite a while ago" but prosecutors determined the case was not strong enough to take to trial.
King has long been linked to the murder. Retired homicide investigator Mike Carlisle has gone on record -- in court and in print -- that he believes King killed Greene.
While he was unable to persuade Wayne County Prosecutor Kym Worthy to press charges against King, Carlisle managed to send him to prison in an unrelated case of attempted murder.
As The News pointed out Monday, Carlisle also has said King admitted knowing and arguing with Greene, his wife owned a car similar to the one identified in the drive-by shooting and he is left-handed like the suspected shooter.
Attorney Norman Yatooma, who is representing Greene's family, told Fox 2 on Monday
that he doubts King is responsible.
"He's been brought up many times," Yatooma said. "He seems to be something of a red herring, maybe a scapegoat, but irrespective of your animal metaphor, I think this is likely not the killer. He Has no impact on our case, of course, because we haven’t sued anybody for killing Tammy Greene. We’ve sued Kwame Kilpatrick and the city of Detroit for covering up the murder investigation into Tammy Greene."
Carlisle told the television station he never felt pressure to end his detective work, noting "Norman Yatooma didn't investigate this homicide. I did."
Judge refuses to suppress files as lawyer claims city knows who killed Tamara Greene
MLive
Sep 15, 2010
A federal judge has refused to suppress court files in a civil case against Detroit and ex-Mayor Kwame Kilpatrick in the unsolved 2003 killing of a stripper.
Tamara Greene has long been rumored to have danced at a party at the mayor's official residence. Her family accuses officials of deliberately bungling the homicide case.
A city lawyer says investigators know who killed Greene but want to protect their legal case and keep an informant's identity secret.
The statement came Monday in a motion asking Judge Gerald Rosen to let Detroit file a sealed request to dismiss a lawsuit by Greene's family.
Rosen rejected the request Tuesday, saying he addressed the secrecy issue last month when he turned down a similar request.
Court filing: Detroit investigators believe drug dealer killed Tamara Greene
MLive
Sep 16, 2010
An attorney for the City of Detroit said in a filing this week investigators know who killed Tamara "Strawberry" Greene, and he's asking a judge dismiss a lawsuit filed against the city on behalf of her family.
Attorney General Mike Cox saw snippets of the filing and said yesterday the city believes Darrett "Little D" King killed Greene. The Detroit Free Press obtained the full filing and confirms that suspicion.
The newspaper reports that investigators failed to determine a connection between Greene and former Mayor Kwame Kilpatrick -- despite long-running rumors she danced at a Manoogian Mansion party he hosted six months before she was killed in a 2003 drive-by shooting. Furthermore, the city says "no evidence exists which suggests Kilpatrick interfered with the Detroit Police Department's investigation, as Greene's family contends.
Instead, Detroit police believe Greene was caught in the middle of a drug feud and that King meant to shoot Eric "Big Nose E" Mitchell, a fellow dealer who was sitting in the passenger seat of her car.
King has long been linked to the murder. Retired Detroit homicide investigator Mike Carlisle has gone on record -- in court and in print -- saying he believes King killed Greene. The city also says King confided to a local drug kingpin that he killed Greene, and someone close to Mitchell said he recognized the shooter but would not cooperate with police.
Despite that evidence, Wayne County Prosecutors have not filed charges against King, who is serving a prison sentence for an unrelated case of attempted murder. Detroit police last year turned the case over to an FBI-led violent crimes task force, and Chief Ralph Godbee said this morning on WJR-AM 760 the "task force is moving in a direction that closure -- at some point -- we believe is imminent."
"We want to be at a point where we can meet not only the burden for arrest and warrant, but provide prosecutors with the predicate for conviction once the case is presented," he said.
Based on the evidence presented in the filing, attorney John Schapka is asking U.S. District Judge Gerald Rosen to dismiss the $150 million lawsuit against the city.
Attorney Norman Yatooma, who is representing Greene's family, earlier this week called King "something of a red herring" and tells WDIV dozens of witnesses have said in depositions they were punished trying to investigate the stripper's death.
"This homicide was intended not to be solved," he said. This homicide was directed not to be solved. Anybody who tired to solve it paid for it dearly. This case cannot be thrown out."
Filings in stripper case public
Grand Rapids Press, The (MI)
September 19, 2010
DETROIT -- A federal judge has refused to suppress court files in a civil case against Detroit and ex-Mayor Kwame Kilpatrick in the unsolved 2003 killing of a stripper. Tamara Greene has been rumored to have danced at a party at the mayor's residence. Her family accuses officials of deliberately bungling the homicide case. A city lawyer says investigators know who killed Greene but want to protect their legal case and keep an informant's identity secret. The statement came last week in a motion asking Judge Gerald Rosen to let Detroit file a sealed request to dismiss a suit by Greene's family. Rosen rejected the request.
Greene motions go public
Detroit News
September 23, 2010
Detroit - A federal judge on Wednesday made public a motion by former Mayor Kwame Kilpatrick to dismiss a federal lawsuit filed by the family of a stripper slain six months after allegedly dancing at a rumored Manoogian Mansion party.
Chief U.S. District Judge Gerald E. Rosen also today ordered the city of Detroit to publicly file a motion to dismiss the lawsuit brought by the family of Tamara "Strawberry" Greene, who was shot to death in Detroit in April 2003. Her death remains unsolved.
Kilpatrick's lawyer, James Thomas, wrote in his pleadings that when "extensive discovery" of evidence and questioning of witness in depositions recently concluded, "Not one witness could confirm that Mr. Kilpatrick either obstructed, impeded or interfered with the Tamara Greene homicide investigation."
Greene's family sued the ex-mayor and other officials, claiming the Detroit police investigation into Greene's 2003 drive-by shooting death was undermined by forces interested in protecting Kilpatrick.
"There has never been any linkage established by any witness that the alleged party had any relationship to the death of Tamara Greene, some six months afterwards," Thomas wrote.
Rosen said filing the city's motion and brief under seal would be useless because a nearly identical version was briefly posted on the court's computerized docket last week and published in the Detroit Free Press.
Man hits snag in Detroit lawsuit
Monroe Evening News
September 23, 2010
• A Frenchtown Township resident who says he lost his job as a paramedic for telling investigators about an incident he reportedly witnessed involving Tamara Greene was found in contempt of court Wednesday for lying about military service.
A Frenchtown Township man suing the City of Detroit, its former mayor, Kwame Kilpatrick, and a host of others was dealt a blow to his case Wednesday when a local judge found him in contempt of court for lying on the stand during previous testimony.
Douglas Bayer, who lives in Detroit Beach, filed a lawsuit against the city under the Whistleblower's Act after he claimed he was fired from his job as a paramedic for telling investigators that he saw Tamara Greene being brought into a Detroit emergency room with injuries.
Those injuries reportedly occurred during a wild party at the Manoogian Mansion, the Detroit mayor's home.
Ms. Greene was murdered, and her case has been part of years of scandalous events in Detroit, including the eventual imprisonment of Mr. Kilpatrick.
Mr. Bayer, who was fired in 2008 after nine years as a paramedic, was in Monroe County Circuit Court on Wednesday for a hearing in his lawsuit that is certain to continue well into 2011.
The success of his civil case against Detroit took a hit when Judge Joseph A. Costello Jr. found Mr. Bayer in contempt of court for his claims that he did not remember lying on the witness stand about his military service in a previous case.
Mr. Bayer testified in Wayne County in 2007 that while in the Navy he served in the first Iraq War and received two medals, including the Bronze Star. Mr. Bayer, who took the stand Wednesday during the contempt of court hearing, said he did not remember making those statements.
His attorney, Howard Lederman of Birmingham, told the judge that his client made a mistake and did not intend to purposely lie.
"There was no willful attempt to mislead the court," Mr. Lederman said. "It was simple human error."
Judge Costello was not satisfied with the explanation. In fact, he was insulted with what he called Mr. Bayer's outlandish and despicable claims that he served in a war and received medals, which never happened.
"I am so offended," Judge Costello said. "He offends everyone in the military who puts their lives on the line. He is no hero."
The judge fined Mr. Bayer $250 and ordered him to pay an undetermined amount of fees to defense attorney Andrew Jarvis, who is representing the City of Detroit. Mr. Bayer then addressed the judge.
"I want to apologize to you," he said. "What happened in 2007 does not reflect who I am. I will prove to you I am not the person you think I am."
Although he was found in contempt, Wednesday's events in court did not curtail the civil case from proceeding. However, Judge Costello did say that if and when it goes to trial, the jury certainly will be made aware of Mr. Bayer's false testimony.
Mr. Bayer's wrongful termination lawsuit, which is seeking an amount greater than $25,000, claims that he was fired after he was warned by Detroit officials to keep his mouth shut about what he saw in the emergency room.
According to court documents, the defendants claim that Mr. Bayer was fired because he stole heart monitor cables from inside an ambulance belonging to Detroit Medical Center, a claim he has denied.
Judge Orders Bodyguard To Testify
Federal Judge Says Lorenzo Jones Must Finish Deposition
Click On Detroit
September 26, 2010
DETROIT – A federal judge has ordered a bodyguard of former Detroit Mayor Kwame Kilpatrick to continue his deposition in a civil case connected to the death of exotic dancer Tamara Greene.
Judge Gerald Rosen signed the order for Lorenzo Jones on Friday.
Greene was shot to death on a Detroit street in April of 2003. Her killing has not been solved.
Greene, who worked as a stripper under the name of Strawberry, was alleged to have danced at a party at the Manoogian Mansion in 2002.
Stories have circulated that the wife of the then-mayor Kilpatrick had confronted Greene and assaulted her.
Attorney General Mike Cox investigated the rumored party hosted by the mayor but said it had all "the earmarks of an urban legend."
Attorneys for the Greene family have filed a federal lawsuit against Kwame Kilpatrick and the city of Detroit, alleging they obstructed the investigation into Greene's death.
Lawyers for Kilpatrick and the city have denied the allegations.
Jones was previously deposed on July, but was told by a city of Detroit lawyer not to answer certain questions about a batch of text messages connected to the case that had not been made public yet.
Rosen's ruling states city officials and case lawyers should "promptly arrange for an convene the continued deposition of Mr. Jones."
Kilpatrick himself has been deposed in the case, along with his wife, his father, another former bodyguard, his former chief of staff and two former Detroit police chiefs.
Gary Brown, who was deputy police chief at the time, was also deposed.
Brown, who is now on Detroit City Council, claims he was fired in 2003 because he was looking into allegations of falsified time cards, possible cover-ups, including that of the party, and that the mayor used his bodyguards to facilitate and cover extramarital affairs.
Brown was one of two officers who was awarded $6.5 million in a whistleblower lawsuit against the city and the mayor.
Judge: No extra deposition time for Kwame Kilpatrick in slain stripper lawsuit
Detroit News
October 7, 2010
Detroit - Lawyers representing a slain exotic dancer who allegedly danced at the rumored Manoogian Mansion party in 2002 will not get a third crack at deposing former Mayor Kwame Kilpatrick, a judge said today.
Chief U.S. District Judge Gerald E. Rosen today denied a request by lawyers representing Tamara "Strawberry" Greene to extend Kilpatrick's deposition a second time. The court already extended the seven-hour limit once but rejected a bid to give Greene's lawyers a second extension.
Rosen said more time is unwarranted, especially since Greene's layers failed to list the topics that are still needed to be covered with Kilpatrick.
"The court is not inclined to grant a further extension, absent any indication that additional time is needed to address matters of relevance to this case that were not (and could not be) explored during the (already extended) allotment of time for deposing this party," Rosen wrote.
Greene's lawyers said they needed more time because Kilpatrick's attorney made lengthy objections during one deposition and the former mayor gave prolonged answers, which delayed the questioning.
There were lengthy objections, Rosen agreed, but Greene's lawyers slowed things down by adding commentary and asking repetitive or "seemingly irrelevant" questions, some of which drew objections from Kilpatrick's legal team.
Greene, a dancer linked to a rumored party featuring more than one stripper at the mayor's Manoogian Mansion in the fall of 2002, was shot to death in Detroit on April 30, 2003. Her family is suing Kilpatrick and the city, alleging they obstructed the investigation of Greene's unsolved murder for political reasons.
Kilpatrick and the city have filed motions to dismiss the lawsuit.
Kwame Kilpatrick's computer thrown away before he left office
Detroit News
October 26, 2010
Detroit - A federal judge today said he is "troubled" that ex-Detroit Mayor Kwame Kilpatrick's computer was thrown away seven months before he resigned in 2008, a move that thwarts an ongoing attempt to recover e-mails between the former mayor, his mistress and other city officials. The frank statement came during a routine hearing today in U.S. District Court in a lawsuit involving the city and family of Tamara "Strawberry" Greene, who allegedly performed at a rumored Manoogian Mansion party in 2002.
City lawyer John Schapka said that computers belonging to Kilpatrick and his former mistress and Chief of Staff Christine Beatty were thrown away and replaced in February 2008.
The computers, including the hard drives, were thrown away even though the Greene lawsuit was pending along with other legal cases involving electronic communication.
"I'm highly troubled by that," U.S. Magistrate Judge R. Steven Whalen said. "The question is: What do we do?"
He might issue sanctions against the city. But before he decides, he wants Greene family lawyer Gary Hermanson to submit a brief within 14 days addressing the handling of evidence.
The city then would have two weeks to respond.
"We're really pleased with the court's ruling," Hermanson said. "We're hoping to get to the bottom of this."
It was unclear why computers in the mayor's office were replaced in February 2008. Schapka made an off-handed reference to the replacement in court today but declined comment after the hearing.
When Whalen asked him if it should have been obvious that the mayor's electronic communication would have been relevant to the ongoing lawsuits, Schapka said "perhaps."
Schapka said deleted e-mails cannot be retrieved from the city's computer servers. The servers electronically shred deleted items after a short period of time, and the city does not have hardware or software to permit recovery, Schapka said.
Greene's family wanted more than just e-mails. Hermanson also requested police department activity logs for every officer assigned to the 7th Precinct between August and September 2002.
The city turned over logs for every weekend during that time period. Whalen directed the city to conduct a good-faith search for records from weekdays during that time.
Greene's family filed a lawsuit five years ago claiming a Detroit police investigation into Greene's drive-by shooting death in April 2003 was quashed by authorities. U.S. District Court Judge Gerald Rosen has extended deadlines to Nov. 10 for the family's lawyers to file responses to requests for summary judgment and dismissal of the lawsuit from its targets - the city and Kilpatrick.
Caption: City lawyer John Schapka said that computer hard drives belonging to ex-Detroit Mayor Kwame Kilpatrick and his former mistress and Chief of Staff Christine Beatty were thrown away and replaced in February 2008.
Editorial Quick Hits: Revise computer policy
Detroit News
Author: The Detroit News
October 30, 2010
The fact that ex-Mayor Kwame Kilpatrick's computer was thrown away seven months before he resigned in 2008 is "troubling" to a Federal Court magistrate. The issue came up in the case in which the family of slain dancer Tamara Greene is suing the city. In the hearing, it was disclosed that that the computer of Kilpatrick's former chief of staff, Christine Beatty, also was discarded.
A city attorney told the court that deleted e-mails cannot be retrieved by the city's computer servers. The computers were discarded even though the Greene suit and other cases were pending. It would be unfair for the court to impose expensive sanctions on the city for the acts of the prior administration, but the city should review its policy for preserving computer evidence from all staffers.
Judge Ordered To Testify In Greene Case
26th District Court Judge Ruth Carter To Be Questioned Thursday
Click On Detroit
November 3, 2010
DETROIT – A Detroit judge has been ordered to answer questions under oath this week in the lawsuit involving the unsolved slaying of Tamara Greene, Local 4 has learned.
Sources told Local 4 that 26 District Court Judge Ruth Carter will be questioned about text messages she exchanged with former Detroit Mayor Kwame Kilpatrick in 2003 -- when she was the head of the Detroit Law Department.
Carter is scheduled to be questioned on Thursday by attorneys representing Greene's family in a lawsuit against the city.
Greene was killed in 2003 in a drive-by shooting, just months after she allegedly danced at a never-proven Manoogian Mansion party thrown for former Detroit Mayor Kwame Kilpatrick.
Greene's family has filed a $150 million wrongful death lawsuit, claiming the city and other top officials have blocked an investigation into her death.
Detroit has sent the court pages of documents showing that police went to great lengths to solve the killing and that a drug dealer named Darret King was responsible for Greene's death.
But the attorney representing the family, Norman Yatooma, said King was never charged.
Yatooma said has several people have testified under oath that they were punished for trying to investigate Greene's death.
Kilpatrick, his wife, Carlita, his father, Bernard, and his former chief of staff Christine Beatty have all been deposed in connection with the investigation.
Greene civil case discovery ends with deposition of Ruth Carter
Detroit Examiner
November 5, 2010
The discovery phase of Greene v Kilpatrick and City of Detroit has belatedly ended with the court-ordered deposition of 36th district court Judge Ruth Carter, who was subjected to 3 hours and 15 minutes of questioning yesterday. The questions relate to the period of time when Carter was the head of the city's law department, and Kwame Kilpatrick was still mayor.
The crux of the civil suit is that the mayor and city actively obstructed the investigation of Tamara Greene's execution-style slaying on April 30, 2003. A sub-issue is whether Greene, a stripper whose stage name was Strawberry, danced at and was assaulted during a long-rumored but never established party at the executive mansion during the autumn of 2002.
Although Judge Carter's deposition is sealed and cannot be discussed by her lawyer, her former job would have made her privy to a number of conversations relevant to the case. She was apparently aware that then Attorney General Mike Cox had offered to investigate the alleged party independent of the state police. MSP officers would later claim that their investigation had been interfered with.
Carter attended a closed meeting, now almost as infamous as the party, during which Cox questioned Kilpatrick without MSP participation or input. Cox did not record the interview, so Carter would almost certainly have been questioned about it yesterday.
With discovery over, it is time for preliminary motions to be filed. One will deal with recent revelations that computers used by Carter, Kilpatrick and former chief of staff Christine Beatty were destroyed, along with any e-mails that were on them. Plaintiff's lawyer Carl Yatooma and defense lawyers will argue about what sanctions should be imposed for the destruction of evidence.
The city of Detroit would like Sheryl Robinson Wood to kindly please return $10,000,000
MLive
Nov 09, 2010
The city of Detroit is suing Sheryl Robinson Wood and her former employers for the return of the $10,000,000 Detroit paid them to monitor the police department under a federal consent decree.
The monitoring process dragged on far longer than initially anticipated and only achieved half the goals outlined in the consent agreement.
U.S. District Judge Julian Abele Cook fired Wood last summer after text messages revealed she and former mayor/current guest of the state Kwame Kilpatrick had…ahem… “a relationship of a personal nature.”
So lawyers for the city are now contending that Wood violated her obligation to be “truly independent and unbiased,” thus rendering the entire monitoring process basically useless.
Really? Ya think?
After situations like the Aiyana Jones shooting and reports of thousands of unprocessed rape kits, it’s clear the department never experienced the overhaul anticipated by the consent decree, in large part because of Wood’s ineptitude and/or malfeasance.
Here's hoping that Detroit taxpayers not only get their money back, but Wood has trouble finding work, even as a Starbucks' barista.
Lawyer wants default judgment against Detroit in Greene case
Detroit News
November 10, 2010
Detroit - The family of a slain exotic dancer who allegedly danced at a rumored Manoogian Mansion party wants a default judgment issued against the city for intentionally throwing away ex-Detroit Mayor Kwame Kilpatrick's computer.
The request, filed late Tuesday in U.S. District Court, alternatively asks a federal judge to approve a comprehensive search of the city's computer servers and backup equipment to find deleted e-mails and other data - and have the city cover the expense. The city also should pay a hefty fine for dumping the computers of Kilpatrick and his former mistress and Chief of Staff Christine Beatty in February 2008 - seven months before Kilpatrick was forced from office.
Computer e-mails and other documents, if found, could prove far more damaging than the steamy, but brief, text messages that derailed Kilpatrick's career and helped send him to prison, wrote lawyer Norman Yatooma, who represents the family of Tamara "Strawberry" Greene.
The recovered data could prove Kilpatrick and the city conspired to block an investigation into Greene's drive-by shooting death in April 2003, several months after she was linked to the rumored party at the mayor's mansion in fall 2002.
"If the text messages brought down the king, the e-mails would have brought down the kingdom," Yatooma wrote. "Imagine the damage that Kilpatrick and his upper echelon could have done with the benefit of a keyboard and unlimited capacity for their criminal correspondence."
He argued the computers and data should have been preserved considering there were several lawsuits against Kilpatrick.
The requests were filed ahead of a deadline today by which Yatooma must respond to requests by the city and Kilpatrick for summary judgment in a lawsuit filed by the woman's family. Greene's family filed a lawsuit five years ago claiming a Detroit police investigation into Greene's drive-by shooting death in April 2003 was quashed by authorities.
City lawyer John Schapka has two weeks to respond to Yatooma's requests. U.S. Magistrate Judge R. Steven Whalen then will decide whether to issue sanctions against the city for destroying the computers.
Whalen said last month he was "troubled" that the computer was thrown away.
"From city e-mails, to police careers, to memories of deceased loved ones, (Kilpatrick and the city) have destroyed everything in their paths," Yatooma wrote. "Like the underlying investigation into Tamara Greene's murder, the defendants simply terminated or obstructed whatever investigation they did not like. Throughout the murder investigation, defendants destroyed files and intimidated witnesses. Nothing has changed in this litigation."
The destruction of Kilpatrick and Beatty's computers clashes with how the city reacted when former Deputy Police Chief Gary Brown was removed from his job. The city backed up all of Brown's computer data.
"It is outrageous for defendants to suggest here ... the moment they foresee that their remaining days in office are numbered, then their own computers' data and e-mails must somehow be deleted and destroyed," Yatooma wrote.
Greene family attorney opposes efforts to throw out civil litigation
Detroit News
November 11, 2010
Detroit - The family of a slain exotic dancer filed under seal late Wednesday a brief opposing efforts to dismiss a civil lawsuit alleging the city and ex-Mayor Kwame Kilpatrick quashed an investigation into her death.
The brief had to be filed under seal, but family lawyer Norman Yatooma said he would ask a federal judge to unseal it because the city's motion to dismiss was accidentally and briefly posted on the court's computerized docket in September.
"This is simply the biggest filing in the case," Yatooma said in an interview.
"The court's ruling will determine whether Tammy Greene's kids go to the court of appeals or they go to trial."
The filing came almost 24 hours after Yatooma requested a default judgment against the city for intentionally throwing away Kilpatrick's computer.
The request, filed late Tuesday in U.S. District Court, alternatively asks a federal judge to approve a comprehensive search of the city's computer servers and back-up equipment to find deleted e-mails and other data - and have the city cover the expense.
The request also says the city should pay a hefty fine for dumping the computers of Kilpatrick and his former mistress and Chief of Staff Christine Beatty in February 2008 - seven months before Kilpatrick was forced from office.
Computer e-mails and other documents, if found, could prove far more damaging than the steamy, but brief, text messages that derailed Kilpatrick's career and helped send him to prison, Yatooma wrote.
The recovered data could prove Kilpatrick and the city conspired to block an investigation into Greene's drive-by shooting death in April 2003, several months after she was linked to a rumored but never proven party at the mayor's mansion in fall 2002.
"If the text messages brought down the king, the e-mails would have brought down the kingdom," Yatooma wrote.
"Imagine the damage that Kilpatrick and his upper echelon could have done with the benefit of a keyboard and unlimited capacity for their criminal correspondence."
He argued that the computers and data should have been preserved by city officials, considering there were several lawsuits against Kilpatrick.
The requests were filed ahead of a deadline today by which Yatooma must respond to requests by the city and Kilpatrick for summary judgment in a lawsuit filed by the woman's family five years ago.
City lawyer John Schapka has two weeks to respond to Yatooma's requests.
U.S. Magistrate Judge R. Steven Whalen then will decide whether to issue sanctions against the city for destroying the computers.
Whalen said last month that he was "troubled" that the city computers had been thrown away.
Filings grow for judge to open records in stripper lawsuit
Detroit News
November 11, 2010
Detroit - The list of parties trying to unseal secret court filings in a civil lawsuit filed by the family of a slain exotic dancer keeps growing.
Birmingham lawyer Norman Yatooma, who represents the family of Tamara "Strawberry" Greene, a slain exotic dancer alleged to have danced at a rumored Manoogian Mansion party, asked Chief U.S. District Judge Gerald E. Rosen on Wednesday to unseal evidence and exhibits as soon as possible. The Detroit News, Detroit Free Press and WXYZ-TV (Channel 7) today also asked the court to unseal court records and exhibits.
At issue is the public's right to view documents in a high-profile legal fight that has captivated the public, but largely been waged behind a veil of privacy imposed by a U.S. District Court judge. It's a case involving taxpayer dollars, public officials in Detroit and state government, a mistress, steamy text messages, strippers and drug dealers.
Specifically, the sealed records being sought include Yatooma's response to efforts by the city of Detroit and ex-Mayor Kwame Kilpatrick to dismiss the civil lawsuit, which also are sealed. Yatooma argues his response should be unsealed because the city's motion to dismiss was accidentally and briefly posted on the court's computerized docket in September.
"Given the extraordinary public significance of the subject matter of this litigation, and the light it likely shines upon the corruption of the last administration of the city of Detroit - some of its actors remaining on the public stage - the court should make public all, or virtually all, of the sealed dispositive motion filings," Free Press lawyer Herschel Fink wrote in today's filing.
The civil lawsuit accuses Detroit and Kilpatrick of quashing an investigation into her 2003 drive-by shooting death several months after she was linked to a rumored but never proven party at the mayor's mansion in fall 2002.
The filings are sealed because the court has issued orders protecting the privacy of witnesses during the discovery process and to preserve the integrity of an investigation into Greene's death.
Yatooma's response, filed late Wednesday minutes before a midnight deadline, included almost 100 sealed exhibits and other records, including deposition transcripts of current and former city and state officials. Those officials include former Michigan Attorney General Mike Cox; ex-Detroit Police Chief Ella Bully-Cummings; Christine Beatty, the mayor's former chief of staff and mistress; 36th District Judge Ruth Carter; and Bernard Kilpatrick, the mayor's father.
Detroit newspapers, WXYZ want Greene case records unsealed
Detroit News
November 12, 2010
Detroit - The list of parties trying to unseal court filings in a civil lawsuit filed by the family of a slain exotic dancer grew substantially Thursday as the case nears a turning point.
The Detroit News, Detroit Free Press and WXYZ-TV (Channel 7) asked the court to unseal court records and exhibits in a case filed by the family of Tamara "Strawberry" Greene, a slain exotic dancer alleged to have danced at a rumored Manoogian Mansion party.
The moves came after a similar request from Greene family lawyer Norman Yatooma, who asked Chief U.S. District Judge Gerald E. Rosen to unseal evidence and exhibits as soon as possible.
At issue is the public's right to view documents in a high-profile legal fight that has captivated the public, but largely been waged behind a veil of privacy imposed by a U.S. District Court judge. It's a case involving taxpayer dollars, public officials in Detroit and state government, a mistress, steamy text messages, strippers and drug dealers.
Specifically, the sealed records being sought include Yatooma's response to legal efforts by the city of Detroit and ex-Mayor Kwame Kilpatrick to dismiss the civil lawsuit, which also are sealed. Yatooma argues his response should be unsealed because the city's motion to dismiss was accidentally and briefly posted on the court's computerized docket in September.
"Given the extraordinary public significance of the subject matter of this litigation, and the light it likely shines upon the corruption of the last administration of the city of Detroit - some of its actors remaining on the public stage - the court should make public all, or virtually all, of the sealed dispositive motion filings," Free Press lawyer Herschel Fink wrote in Thursday's filing.
The civil lawsuit accuses Detroit and Kilpatrick of quashing an investigation into Greene's 2003 death in a drive-by shooting several months after she was linked to a rumored but never proven party at the mayor's mansion in fall 2002.
The filings are sealed because the court has issued orders protecting the privacy of witnesses during the discovery process and to preserve the integrity of an investigation into Greene's death.
Yatooma's response, filed ahead of a midnight deadline Wednesday, included almost 100 sealed exhibits and other records, including deposition transcripts of current and former city and state officials.
Bernard Kilpatrick Says He Is Ready To Fight
Kwame's Father Says They Will Prevail If They Go To Trial
Click On Detroit
November 17, 2010
DETROIT – Former Detroit Mayor Kwame Kilpatrick's father has been given a court-appointed attorney, even though he has not been charged with any crimes.
However, Bernard Kilpatrick has been a target of federal investigators looking into alleged corruption in the city while his son was the mayor.
Authorities have accused him of taking bribes from contractors to help them win deals.
Bernard Kilpatrick talked with Local4's Kevin Dietz about his reaction to the accusations.
"It's not nearly over," Bernard Kilpatrick said.
He said he will absolutely fight the accusations. He said his son is ready to fight too.
"(Kwame's) fine. He feels like fighting last time I talked to him," he said. "In a way it is good to have it out in the open now. Now we can fight in the open. It's not them feeding you guys crap."
Attorney David Griem said the first charges against Kwame Kilpatrick and his friend Bobby Ferguson were a warning shot.
"I think the government sent Mr. Kilpatrick and Mr. Ferguson a message," said David Griem, who has been both a federal prosecutor and defense attorney.
Griem said if the men do not plead guilty more serious charges will follow.
"I think the government is of a mind right now that there is going to be no global resolution so we are going to go ahead with this indictment. The defense wanted a trial, but be careful of what you ask for, you may get it," Griem said.
Bernard Kilpatrick said if it goes to trial he and his son will prevail. He said they are victims of ambitious politicians looking to further their careers.
"It's all politics, don't ever get confused that this is got anything to do with justice. This is all political," Bernard Kilpatrick said. "The reason he is in jail right now is political, has nothing to do with justice and right and wrong."
Detroit businessman Karl Kado said in sworn statements that he paid Kwame Kilpatrick $100,000 in five installments while Kilpatrick was mayor to maintain janitorial contracts at Cobo Hall. Kado also said he paid Bernard Kilpatrick $290,000.
Kado pleaded guilty in June 2009 to making false statements on tax returns in 2003 and 2004, but he was also involved in the guilty plea of a former Cobo director, Lou Pavledes.
Pavledes and another former Cobo chief, Glenn Blanton, pleaded guilty last year to charges related to taking bribes from Kado.
In August, Bernard Kilpatrick was ordered to appear in contempt of court on a charge of failing to comply with a subpoena by not showing up for his deposition in Texas for the Tamara Greene case. Greene was an exotic dancer who was killed in a drive-by shooting in 2003. It's believed that she danced at a never-proven party at the mayor's mansion.
Local 4 learned Bernard Kilpatrick requested the attorney, which is paid for with taxpayers' money. By law, you can ask for a court-appointed attorney if you have appeared before a grand jury or been notified that charges are pending against you.
Kwame Kilpatrick is in a Michigan prison serving time for a probation violation.
Documents to stay sealed in civil suit over stripper's death
Detroit New
November 17, 2010
Detroit - A federal judge on Tuesday denied attempts by The Detroit News and other media to intervene in a civil lawsuit filed by the family of a slain exotic dancer.
Chief U.S. District Judge Gerald E. Rosen said the requests were premature and that he would carefully examine documents and unseal portions in certain instances.
The judge's order is the latest development in a long-running civil lawsuit filed by the family of Tamara "Strawberry" Greene, a slain exotic dancer alleged to have danced at a rumored Manoogian Mansion party.
The civil lawsuit accuses Detroit and former Mayor Kwame Kilpatrick of quashing an investigation into Greene's 2003 death in a drive-by shooting several months after she was linked to a rumored but never proven party at the mayor's mansion in fall 2002.
The Detroit News, Detroit Free Press and WXYZ-TV (Channel 7) asked to intervene in an attempt to unseal court records and exhibits in the case.
The sealed records being sought include Greene family lawyer Norman Yatooma's response to legal efforts by the city of Detroit and Kilpatrick to dismiss the civil lawsuit. Yatooma argues his response should be unsealed because the city's motion to dismiss was accidentally and briefly posted on the court's computerized docket in September.
The filings are sealed because the court has issued orders protecting the privacy of witnesses during the discovery process and to preserve the integrity of an investigation into Greene's death.
Also Tuesday, Rosen granted a request by Yatooma to file a combined response to the city and Kilpatrick's summary judgment motions. The judge also granted Yatooma's request to exceed a 20-page limit by filing a 130-page brief.
Yatooma's response was sealed but he asked Rosen to unseal it.
In his order, Rosen wrote the court "will promptly review this response to determine whether it should be made publicly available, with or without redaction, and the parties will be given an opportunity to raise any objections."
Judge orders unsealing of file in Greene case
Detroit News
November 20, 2010
Detroit - New details could emerge soon in the case of a slain exotic dancer, after a federal judge Friday gave the attorney representing her family permission to publicly release documents in the lawsuit.
Chief U.S. District Judge Gerald Rosen ordered Birmingham lawyer Norman Yatooma to promptly file an unsealed response to efforts by the city of Detroit and ex-Mayor Kwame Kilpatrick to dismiss the case.
Yatooma's 130-page filing is expected Sunday. It could help determine whether Rosen tosses a case that has captivated the public and involves taxpayer dollars, elected officials from Detroit and the state and allegations involving strippers and drug dealers.
"I am encouraged that the public will finally be able to see at least most of the story behind the plight of Tammy Greene's kids in their efforts to simply find out why Kwame Kilpatrick covered up their mother's murder investigation," said Yatooma in a statement Friday.
The civil lawsuit accuses Detroit and Kilpatrick of quashing an investigation into the 2003 death of Tamara "Strawberry" Greene, 27. She was killed in a drive-by shooting several months after she was linked to a rumored but never proven party at the mayor's mansion in fall 2002.
The city has asked Rosen to dismiss the case, arguing that five years and numerous depositions have failed to prove any allegations. City attorneys maintain Greene was killed because of a drug feud.
Yatooma initially filed a response to the city's motion under seal. But he argued it should be unsealed because the city's motion to dismiss the case was accidentally and briefly posted on the court's computer docket in September.
Rosen's order on Friday came three days after the judge denied attempts by The Detroit News and other media outlets to have the documents and exhibits filed in the case unsealed.
Rosen ordered parts of the filing to be shielded from the public, at least temporarily.
The filings are sealed because the court has issued orders protecting the privacy of witnesses during the discovery process and to preserve the integrity of an investigation into Greene's death.
The portions that must be redacted include hearsay and inadmissible facts and passages that would annoy, embarrass or damage the privacy of people who aren't parties in the lawsuit, the judge said.
But if the information contained in those passages become relevant, they could be disclosed, the judge wrote.
Explosive New Documents
Details about what witnesses say happened inside the Manoogian Mansion
WXYZ-TV Detroit
Nov 21, 2010
Pleading in Greene case reveals fresh witness testimony on Manoogian party
Detroit Examiner
November 21, 2010
A pleading made public today in the Greene civil case reveals testimony of another witness that not only claims the fabled Manoogian party actually took place, but that it was one hell of a bash.
It was predictable that at the close of discovery in Greene v City of Detroit and Kwame Kilpatrick the defendants would file a motion to dismiss the case. It was also virtually certain the plaintiff's answer would contain reference to testimony not yet made public.
Plaintiff's lawyer Norman Yatooma originally filed his answer to the motion to dismiss under seal, but Judge Gerald Rosen has authorized a public version that is redacted to exclude rank hearsay or statements that might prove embarrassing to non-parties.
It's still a bombshell, especially excerpts from the deposition testimony of one Tamika Ruffin, who swore she was paid $1,000 to perform exotic dancing at the party. Though Ruffin claims 10 police officers were present, marijuana and cocaine was openly available for the guests. Tamara Greene was also there, and had the misfortune to be giving the ex-mayor a lap dance when Carlita Kilpatrick showed up.
According to Ruffin, there was a brief fist fight between the two women, which Greene seemed to be getting the better of until Carlita struck her on the head with a piece off wood.
Further, Ruffin's deposition claims. Greene received phone calls of a threatening nature from Carlita Kilpatrick for months after the incident.
Greene, of course, was shot to death on April 30, 2003, perhaps 7 months after the rumored party. Norman Yatooma has previously, and correctly, asserted that he need not prove the party happened to show that the investigation into Greene's death was stymied by the ex-mayor, but he obviously wants to use the issue in the case.
Judge Gerald Rosen should decide the motion to dismiss within the next few weeks, and will most likely entertain oral arguments.
It promises to be an interesting case to follow, so stay tuned.
Tamara Greene Lawsuit
WXYZ-TV Detroit
Nov 22, 2010
Greene lawsuit developments
WXYZ-TV Detroit
Nov 22, 2010
New witness says there was a Manoogian party
Detroit News
November 22, 2010
Detroit - A second stripper claims the rumored Manoogian Mansion party was real and involved drugs and a fistfight between former first lady Carlita Kilpatrick and exotic dancer Tamara "Strawberry" Greene, according to a federal court filing unsealed Sunday.
The stripper, identified as Tamika Ruffin, dropped the bombshell claim in a civil lawsuit filed by Greene's family accusing the city and former Mayor Kwame Kilpatrick of quashing an investigation into her death.
Her testimony is part of a multi-pronged attack by Greene family attorney Norman Yatooma against attempts by the city of Detroit and former Mayor Kwame Kilpatrick to dismiss the case.
Ruffin spun a sordid tale. She testified she was offered $1,000 to perform at the Manoogian party for Kilpatrick and friends, attended by about 10 uniformed police officers, and filled with cocaine and marijuana.
Carlita Kilpatrick crashed the party, Ruffin said, storming into the mayoral mansion and interrupting Greene giving Kwame Kilpatrick a lap dance.
"What the (expletive) is going on here? Who is this (expletive)? (Expletive), get the (expletive) up off my husband," she said, according to Ruffin's testimony.
Carlita Kilpatrick and Greene then got into a fistfight, according to Ruffin's deposition.
Ruffin said she saw Greene and Carlita Kilpatrick scuffle. Greene appeared to be winning the fight until Carlita Kilpatrick struck Greene with what appeared to be either a "two-by-four," a "baton" or a "table leg," according to the filing.
"It was big," Ruffin testified.
During the fight, Ruffin fled, ducking behind a car parked a few houses away. While hiding, she saw three police cars arrive at the Manoogian.
Greene later stayed at Ruffin's home for three weeks, during which time Carlita Kilpatrick repeatedly called Greene's cell phone, threatening her, according to Ruffin's deposition.
Ruffin could not be reached for comment Sunday. Yatooma said he has no idea of her whereabouts.
"I can't get in touch with her. She ran from us," he said in an e-mail response to The News. "We had to file a motion to have her held in contempt of court before we could get her into deposition. She was, and is, absolutely terrified."
Neither Kilpatrick lawyer James Thomas nor the mayor's publicist, Mike Paul, returned phone calls Sunday seeking comment.
Ruffin is the second stripper tied to the long-rumored party. Paytra Williams, a Detroit police officer who investigators say moonlighted as an exotic dancer under the name Almond Joy, is said to have danced at the party and gave a 41/2-hour deposition in April.
Williams' name is largely absent from the Yatooma filing, which was filed last week but unsealed Sunday.
Several of Yatooma's witnesses have come under scrutiny for their credibility.
Ruffin's tale is one of several new allegations to surface in the case. The city and Kilpatrick have asked Chief U.S. District Judge Gerald Rosen to dismiss the case, arguing that five years and numerous depositions have failed to prove any allegations.
City attorneys have maintained Greene was killed because of a drug feud.
The 5-year-old case has captivated the public with allegations of wrongdoing by a host of local and state government leaders, including Attorney General Mike Cox.
Cox investigated the party but concluded it was urban legend.
He could not be reached for comment on Sunday.
Other allegations
Among the other revelations in Sunday's filing:
Two of Kilpatrick's bodyguards, Loronzo Jones and Greg Martin, were caught on videotape attending Greene's funeral. The Rev. Kenneth Hampton of Grace Bible Church in Detroit gave a copy of the tape to Detroit Police executives, according to the filing.
Yet the videotape and funeral registry are missing from the homicide file, Yatooma wrote.
Hampton gave a deposition in which he said he provided copies of the funeral videotape to then-Assistant Detroit Police Chief Harold Cureton and Lt. Billy Jackson, both of whom oversaw homicide investigators looking into Greene's death.
Hampton also said he visited police headquarters five times inquiring about the investigation's progress. Jackson testified that while the video should have been part of the homicide file, it was not there when he reviewed it.
Kilpatrick had an extramarital affair with Sheryl Robinson Wood, the former federal monitor overseeing reforms in the Detroit Police Department.
In making the accusation, Yatooma cited a deposition the former mayor gave in the case.
"Incredibly, Kilpatrick testified that he had no recollection of how many times he had sex with Wood, the location of the trysts, or even the year in which they occurred," Yatooma wrote.
Wood, who was named the federal monitor in 2003, resigned in July 2009 after the FBI discovered text messages â€" later deemed by a judge as "inappropriate" â€" between her and Kilpatrick.
The city wants Robinson Wood and her firms to repay more than $10 million in legal fees paid for overseeing police reforms.
Until Sunday, no one had publicly accused the pair of having a relationship.
Shows pattern, says attorney
Yatooma said the affair illustrates how the disgraced mayor and his administration interfered with police activities, including the probe into Greene's unsolved death.
"This case involves proof of a decision made by the Mayor of the City of Detroit â€" and enforced as the unwritten policy of the DPD â€" not to investigate any matter, nor otherwise pursue any inquiry, pertaining to events that occurred at the Manoogian Mansion involving Greene. ...
"Doing so would inevitably expose the prior wrongdoing on the part of the mayor, his wife and his friends in the DPD, while at the same time revealing to the public that all of them had viable motives to commit murder," Yatooma wrote in the filing.
City spokesman Dan Lijana declined comment Sunday.
Peter Henning, a law professor at Wayne State University, offered some insight into the filing.
It's not enough for Yatooma to prove a cover-up existed, Henning said. Yatooma also has to show the cover-up prevented the city from identifying Greene's killer, he added.
"That's the toughest part here," Henning said. "It's not an easy case."
The filing spins an account of how, in 2002, a newly elected Kilpatrick appointed friends to key city posts to watch his back and those same people eventually "turned a blind eye to misconduct occurring within Kilpatrick's inner circle."
Yatooma notes how the probe was hindered by missing police files and investigators blocked from pursuing leads. Sgt. Odell Godbold, who found himself on a newly created assignment working out of the basement of the Fisher Building, testified people received "multiple, multiple promotions as a result" of hindering the Greene homicide investigation.
Two witnesses discounted
The filing repeated claims from several people, including two that have been discounted.
Wilson Kay Jr., a convicted felon with a history of mental illness, said he worked security at the party and signed an affidavit that he saw Carlita Kilpatrick assault Greene.
Kay also said Cox attended the party and received a lap dance while he was there â€" an allegation Cox has denied.
And the filing relies on a deposition from fired city emergency medical technician Cenobio Chapa. Chapa claimed he was at Detroit Receiving Hospital in the fall 2002 when an injured woman showed up for treatment. The woman claimed to have been assaulted by Carlita Kilpatrick, he said.
Chapa, who was fired after airing his claim, lost a whistle-blower lawsuit against the city earlier this month.
According to Sunday's filing, the Kilpatrick administration had an established practice of interfering with and shutting down investigations into possible wrongdoing by Kilpatrick and his inner circle.
"The Greene case illustrates what happens when those responsible for the enforcement of the laws and the protection of the public are themselves the lawbreakers," Yatooma wrote.
The civil lawsuit accuses Detroit and Kilpatrick of quashing an investigation into Greene's death in 2003. Greene, 27, was killed in a drive-by shooting several months after she was linked to the rumored but never proven party at the mayor's mansion in fall 2002.
The filing also sheds light on the recent deposition of the mayor's father, Bernard Kilpatrick, who repeatedly refused to answer questions by invoking his Fifth Amendment right against self-incrimination.
Bernard Kilpatrick refused to address whether he talked about the party and rumored assault with his son or whether his son admitted covering up the assault and Greene's death.
Yatooma's claims of a cover-up are supported by what he says are several missing pieces of evidence, including Greene's cell phone, e-mails from Kilpatrick and his former Chief of Staff Christine Beatty, statements from her co-workers, Crime Stoppers tips and handwritten notes by investigators.
Accusations made against Kwame, Carlita Kilpatrick
Legal papers filed Sunday in federal court offer details of what allegedly happened at the rumored party at the Manoogian Mansion. Norman Yatooma, who is representing the family of slain stripper Tamara "Strawberry" Greene, submitted the brief to counter efforts by Kilpatrick and the city to dismiss the case.
Tamara Greene
The exotic dancer allegedly assaulted by Carlita Kilpatrick, the mayor's wife.
Carlita Kilpatrick
Reportedly caught exotic dancer performing for the mayor and assaulted her.
Sheryl Robinson Wood
The former federal monitor overseeing Police Department reforms is accused of having a relationship with the mayor.
Kwame Kilpatrick The former mayor is accused of quashing an investigation into Greene's death in 2003.
What's next
A status conference is scheduled for 11:15 a.m. today in the Greene case in U.S. District Court in Detroit before U.S. Magistrate Judge R. Steven Whalen. It's unclear when the judge will decide whether the case goes to trial.
Hearing set on Kilpatrick's discarded computers
Detroit News
November 22, 2010
A federal judge today scheduled a hearing for Dec. 1 before deciding whether to sanction the city of Detroit for destroying ex-Mayor Kwame Kilpatrick's computer 2008 while lawsuits were pending involving e-mails and text messages.
The evidentiary hearing was set during a closed-door meeting today in U.S. District Court involving parties in a lawsuit between the city and the family of Tamara "Strawberry" Greene. She allegedly performed at a rumored Manoogian Mansion party in 2002 and was killed months later in a drive-by shooting.
Greene family lawyer Norman Yatooma has requested a default judgment against the city for intentionally throwing away Kilpatrick's computer. He also said the city should pay a sizable fine.
Kilpatrick's computer was thrown away seven months before he resigned in 2008.
City attorney John Schapka said computers belonging to Kilpatrick and his former mistress, then-Chief of Staff Christine Beatty, were thrown away and replaced in February 2008 - even though the Greene suit and other cases were pending.
U.S. Magistrate Judge R. Steven Whalen last month said he was troubled that the computers were thrown away.
"We're all very troubled by the idea that they threw out the computers," Yatooma said today.
Foster mom surprised by stripper's Manoogian claims
Detroit News
November 22, 2010
Tamika Ruffin never shared details of the Manoogian Mansion party or the bare-knuckle brawl she witnessed with her foster mother, who raised her in Detroit's Palmer Park neighborhood.
The foster mom, Marilyn Hayes, described Ruffin as a good kid, a mother to at least two children, and an ambitious woman who became a stripper to pay for college.
Hayes was a foster mother to 67 children over the course of several years that lived in a 19-room house in Palmer Park. Ruffin was her first foster child and lived in the home as a child until moving away at age 9, Hayes told The Detroit News in an interview today.
"She was a great kid when I had her," Hayes said today. "She was very stable, very focused and was going to school."
The two spoke periodically over the years, including a conversation a few months ago. But Ruffin never mentioned the Manoogian party or witnessing a fight between former first lady Carlita Kilpatrick and Tamara "Strawberry" Greene.
Ruffin gave a deposition in a civil lawsuit filed by Greene's family against the city of Detroit and former Mayor Kwame Kilpatrick.
Ruffin testified she was offered $1,000 to perform at the Manoogian party for Kilpatrick and friends and attended by about 10 uniformed police officers, and filled with cocaine and marijuana.
"She never mentioned it, never mentioned it," Hayes, 60, said. "I didn't know her name was associated with (the party)."
Hayes knew her former foster daughter became a stripper but Ruffin never discussed the job.
"She never wanted me to be a part of that," Hayes said. "My thing was as long as she's taking care of herself, I never judged her for doing it."
Hayes also knew that Ruffin had suffered an injury in a car accident but didn't notice any impairment when they spoke a few months ago.
Kwame Kilpatrick's lawyer James Thomas said Ruffin suffered a closed-head injury and her testimony regarding the Manoogian Mansion was implausible.
"She's had some physical problems, but I couldn't tell you what her (mental) capacity is," Hayes said.
Kilpatrick claims he gave his computer to Cockrel
Detroit News
November 22, 2010
Detroit - The mystery of Kwame Kilpatrick's missing computer deepened as the former mayor, in an affidavit submitted in U.S. District Court, said his office computer was given to his successor, Ken Cockrel Jr., upon his resignation in September 2008.
The computer itself was a hand-me-down from Kilpatrick's predecessor, Mayor Dennis Archer.
The revelation contradicts what city lawyer John Schapka said last month in a hearing involving a civil lawsuit filed by the family of slain exotic dancer Tamara "Strawberry" Greene. Schapka said computers belonging to Kilpatrick and his former mistress, then-Chief of Staff Christine Beatty, were thrown away and replaced in February 2008.
Cockrel does not remember Kilpatrick leaving a computer behind in the mayor's office. He said the only computer equipment he inherited was a video display terminal.
"My recollection is when I moved into the mayor's office, there was not a hard drive there," Cockrel told The Detroit News.
Asked why Kilpatrick would claim otherwise, Cockrel said: "Ah, who knows? Who knows?"
A city spokesman could not be reached for comment.
"I love it," Greene family lawyer Norman Yatooma said after learning about Cockrel's response to Kilpatrick's affidavit. "Maybe Kwame Kilpatrick has a closed-head injury."
The computers were thrown away, Schapka said, even though Kilpatrick was facing lawsuits over e-mails and text messages that ultimately led to his downfall.
A federal judge today scheduled a hearing for Dec. 1 before deciding whether to sanction the city for destroying Kilpatrick's computer.
Yatooma has requested a default judgment against the city for intentionally throwing away Kilpatrick's computer. He also said the city should pay a sizable fine.
Kilpatrick lawyer James C. Thomas said there should be no sanctions against the city or the former mayor. And he faulted Yatooma for waiting years to request Kilpatrick's e-mails.
U.S. Magistrate Judge R. Steven Whalen last month said he was troubled that the computers were thrown away.
"We're all very troubled by the idea that they threw out the computers," Yatooma said today.
Surprise witness in Manoogian told doc 'demons are trying to get me'
Detroit News
November 22, 2010
Detroit - A surprise witness who said the Manoogian Mansion party was real has a closed-head injury and told a psychiatrist in 2007 that "three demons are trying to get me," court documents reveal.
The stripper, Tamika Ruffin, 37, has gained prominence since Sunday, when it was revealed she testified that she attended the infamous Manoogian Mansion party and saw then first lady Carlita Kilpatrick assault stripper Tamara "Strawberry" Greene.
"She's compromised," said James C. Thomas, an attorney for Kwame Kilpatrick, who is a defendant in the suit by Greene's family alleging the city covered up her murder.
Ruffin of Redford Township is married to an Inkster Police detective.
Since her name surfaced Sunday in the Greene case, Ruffin has disappeared with her children, lawyer John Carlisle said.
"She is afraid something bad is going to happen to her and her children," Carlisle said.
Ruffin was reluctant to testify under oath in the Greene case and only sat for a deposition after a subpoena was issued and after being assured her name would not surface publicly, Carlisle said.
"She's getting screwed in this deal," Carlisle said. "She was in the wrong place at the wrong time. And she's in the hot seat because of the release of her name."
The Manoogian party was the last time Ruffin performed as a dancer, her attorney said.
"It was her last day as a dancer. I would remove the word exotic and say she was a novice dancer," Carlisle said. "It wasn't like she was an old pro."
Court documents show that Ruffin's auto insurer, Citizens Insurance, sued an uninsured off-duty Detroit firefighter whom court documents claim was intoxicated when his car crossed the centerline on East Davison near Conant Jan. 15, 2006 and struck her minivan nearly head-on.
Court files show that at least three psychiatric reports found Ruffin suffered long-term psychiatric and physical impairments from the crash. But another doctor, Dr. Raymond G. Mercier, concluded in 2007 that she "is not disabled from a psychiatric point of view."
"About the only significant finding is that she is angry that the accident occurred and she is involved in litigation," the Southfield doctor wrote in his report.
Mercier said Ruffin, "talked about starting to have visions, becoming psychic. She went on to say there are 'three demons trying to get me.' She talked about how she believes demons have gotten into her and the need for exorcism."
Ruffin told the doctor that she had been studying the Bible and was seeing "visions from the Lord," according to the report. Ruffin told Mercier, "lots of people from head injuries go psychic."
Ruffin also told Mercier she took psychiatric medication as early as 1994, including Zoloft for depression. At the time of his 2007 interview of Ruffin, Mercier said she told him she was taking Cymbalta for depression, and also Lyrica and an anti-seizure medication.
Documents in the lawsuit indicate that she was a debt collector but didn't mention working as a stripper.
Thomas said several parts of Ruffin's story are suspicious.
Ruffin testified the party happened in March 2003 and that two or three months later - in May or June 2003 - Greene moved into Ruffin's home, according to Ruffin's deposition.
That's impossible, Thomas said. Greene, 27, was already dead, the victim of a drive-by shooting in April 2003.
Greene family attorney Norman Yatooma acknowledges Ruffin got the date of the party wrong, but he believes she was simply mistaken. A foggy memory is understandable given the passage of time since the Manoogian party was supposedly held, he added.
"To be confused about dates from seven years ago is not ludicrous," Yatooma said today.
She also claimed there were 50 strippers giving lap dances to a cocaine- and marijuana-fueled party of 150 people, including about 10 uniformed officers. When Carlita Kilpatrick and Greene started to fight, the partygoers fled, spilling into the streets of a stately neighborhood at 11 p.m. And parked outside was a WJBK-TV (Channel 2) news truck, Ruffin said, according to Thomas.
Ruffin's testimony has played a starring role in a multi-pronged attack by Yatooma against attempts by the city of Detroit and former Mayor Kwame Kilpatrick to dismiss the case.
"I think she was clearly there to say what Yatooma wanted her to say," Thomas said.
The questions raised about Ruffin's mental well-being are unfair, her lawyer said.
"If I were accused of all the things that the mayor and the city are being accused of, I probably would try to discredit her myself," Carlisle said.
He said Ruffin was not married at the time of the rumored Manoogian party and her husband, an Inkster detective, was not involved.
Even if there was a party, Yatooma has failed to prove Kwame Kilpatrick obstructed an investigation into Greene's death in 2003, Thomas said.
Ruffin's deposition alleged Carlita Kilpatrick crashed the party, storming into the mayoral mansion and interrupting Greene giving Kwame Kilpatrick a lap dance. Carlita Kilpatrick and Greene then got into a fistfight, according to Ruffin's deposition.
While the fight ensued, Ruffin said she fled outside and hid between two cars.
During the deposition, city lawyer John Schapka ripped her theory apart while cross-examining Ruffin, Thomas said.
"He said, 'Come on, you're sitting outside half-naked in March,'" Thomas said. "She said, 'OK, you got me.'" Thomas added: "She admitted she lied."
Ruffin - who Thomas said is "certainly older than 30, and probably younger than 50" - also claimed to have knocked on a Manoogian neighbor's window for help.
"She says she got some old guy, at a house she can't describe, a guy she can't describe, to drive her home," Thomas said. "That's where things stand with Tamika, (Yatooma's) main witness on the party."
There have been issues with party witnesses brought forward by Yatooma.
Wilson Kay Jr., a convicted felon with a history of mental illness, said he worked security at the party and signed an affidavit that he saw Carlita Kilpatrick assault Greene.
Kay also said Michigan Attorney General Mike Cox attended the party and received a lap dance while he was there - an allegation Cox has denied.
Yatooma lashed out against criticisms of his witnesses' backgrounds"This is about a party with drugs and sex acts. What are you looking for? Juilliard dancers ... and secret service agents?" Yatooma said today. "We've got to take the witnesses as we get them."
Stripper says she danced at mayor's house
Hillsdale Daily News, The (MI)
November 22, 2010
A stripper says she got $1,000 to perform at a dope-fueled party at the Detroit mayor's mansion and saw Kwame Kilpatrick's wife attack a woman who was giving the then-mayor a lap dance, according to a legal brief a lawyer filed Sunday in U.S. District Court.
On Friday, Judge Gerald Rosen ordered lawyer Norman Yatooma to file an unsealed response to efforts by Kilpatrick and the city to dismiss the suit by the family of 27-year-old Tamara Greene. She was shot to death in 2003, and her family sued Kilpatrick, the city and others, saying they suppressed an investigation of the killing.
No one has been charged in her fatal shooting.
According to Yatooma's brief, obtained by the Detroit Free Press, Tamika Ruffin gave a deposition in which she said guests got marijuana and cocaine at the 2002 party, and 10 police officers attended.
Ruffin said Kilpatrick's wife, Carlita, entered the party, saw Greene giving her husband a lap dance and began punching her, according to the brief. Carlita Kilpatrick then began hitting Greene with a table leg or piece of lumber, Ruffin was quoted as saying.
City officials and Kilpatrick, who resigned in 2008 and now is in a state prison for lying in another civil case, have denied such a party took place. They also have denied squelching the investigation of Greene's death.
The Associated Press left e-mail messages Sunday seeking comment from Kilpatrick lawyer James Thomas and city lawyer John Schapka.
Dig unearths Kilpatrick's emails, court told
Detroit News
November 24, 2010
Detroit - The city has found some old e-mail messages belonging to ex-Mayor Kwame Kilpatrick and has preserved them, a city employee said in a court filing today.
Terrence Sims, a Detroit employee who oversees the city's e-mail system, recently supervised a search for Kilpatrick's e-mail, according to an affidavit filed in U.S. District Court in Detroit.
Lawyers representing the family of slain stripper Tamara "Strawberry" Greene want Kilpatrick's e-mails from September 2002 through June 2003 to see if there is any proof that the ex-mayor and city obstructed an investigation into Greene's death in 2003.
While Sims' search failed to find archived e-mails from September 2002 through June 2003, a group of e-mails were uncovered and extracted, Sims wrote in the affidavit.
The Sims affidavit was attached to a filing from a city lawyer arguing that the city should not be penalized for failing to preserve Kilpatrick's e-mails. The e-mails were automatically deleted years before Greene's lawyers asked for them, lawyer John Schapka wrote today.
Kilpatrick's e-mails were automatically deleted by the city's computer server years earlier, when it was unforeseeable that the controversial mayor's messages could hold evidentiary value, Schapka wrote.
"Such foresight would constitute clairvoyance..." Schapka wrote.
And since the e-mails were long ago deleted, and because Kilpatrick never saved his e-mails, it doesn't matter what happened to Kilpatrick's desktop computer, Schapka wrote.
Schapka said the computer was thrown away in 2008.
Kilpatrick said this week he left the computer for his successor, Ken Cockrel Jr.
Cockrel says he doesn't remember receiving any computer from Kilpatrick.
Greene family lawyer Norman Yatooma has requested a default judgment against the city for intentionally throwing away Kilpatrick's computer. He also said the city should pay a sizable fine.
Greene, 27, was killed in a drive-by shooting several months after she was linked to the rumored but never proven party at the mayor's mansion in fall 2002.
Once Kilpatrick sent e-mails to his trash basket, the messages were automatically deleted by the city's computer server after seven days.
Kilpatrick could have archived e-mails, but said in an affidavit filed earlier this week that he didn't know how.
Schapka objected to Yatooma's request that the city pay for an expert to search the city's computer servers in hopes of finding Kilpatrick's e-mails.
"An expert working at plaintiffs' direction and at the city's expense, is nothing more than another unwarranted and unreasonable waste of money spent in the pursuit of another non-existent wild goose," Schapka wrote.
The city already spent $10,000 downloading 11 million police department electronic files and delivering them on four external hard drives to Yatooma.
Given Kilpatrick's use of text messages, which helped derail his political career and send him to prison, his city e-mails could be useful, Yatooma argued in an earlier court filing.
"If the text messages brought down the king, the e-mails would have brought down the kingdom," Yatooma wrote.
But Schapka disagreed today.
"Contrary to such contention, an argument may be made that the volume of Kilpatrick's text messaging left him little time to do anything else, including being tied to a desk to field emails," Schapka wrote.
Lawyer: Did boats carry strippers to Manoogian party?
Detroit News
November 24, 2010
Detroit - A lawyer representing the family of Tamara "Strawberry" Greene wants the city to turn over records that could prove whether city boats were used to ship strippers and guests to a rumored Manoogian Mansion party.
The demand was included in a filing late Tuesday asking a federal judge to order the city of Detroit to pay a "substantial" sanction for failing to turn over documents, including boat logs, requested by Greene family lawyers.
The sanctions could include default judgment against the city for failing to turn over requested documents, including logs from 2002 that could prove whether a Detroit police boat unit ferried partygoers and strippers to the Manoogian Mansion, which backs up to the Detroit River, as several anonymous tipsters have told Greene family lawyers.
"How many more times must the plaintiffs have to come before this court and point out the glaring deficiencies in the city's misleading and half-baked responses to document discovery requests that should have been answered fully and properly many months ago," Greene family lawyer Gary Hermanson wrote late Tuesday. "The time has surely come for a substantial sanction, not another chance to make unfounded excuses."
In particular, Greene family lawyers want activity logs and run sheets for Sept. 4, 2002.
The Sept. 4 date showed up on a cryptic entry in the city's fire boat log, which refers to a "Mason McBride" party and a rendezvous between the fire boat and the private charter boat Infinity near the Ambassador Bridge, according to Hermanson's filing.
Yet when the city turned over new documents Nov. 9, there were no activity logs for the boat unit for any weekdays in 2002, Hermanson wrote.
There is a Mason-McBride Inc. insurance and financial services firm based in Troy, but it was unclear if the cryptic note in the city's logs is referring to the firm or another party.
A Mason-McBride executive could not be reached immediately for comment today.
The city also failed to turn over missing activity logs of Detroit Police Sgt. Shawn Gargalino, who reportedly was dispatched to the Manoogian following several 911 calls about a disturbance in fall 2002, according to a Greene family lawyer.
This is the second time Greene family lawyers have requested sanctions against the city in recent months.
The new claims, filed late Tuesday in U.S. District Court in Detroit, are the latest salvos in the long-running case, which intensified Sunday when the deposition of stripper Tamika Ruffin was unsealed, revealing she says she attended the infamous Manoogian Mansion party and saw then-first lady Carlita Kilpatrick assault Greene.
Greene family lawyer Norman Yatooma has requested a default judgment against the city for intentionally throwing away ex-Mayor Kwame Kilpatrick's computer. He also said the city should pay a sizable fine.
Kwame Kilpatrick filed an affidavit this week contradicting city lawyer John Schapka. The computer wasn't trashed, the ex-mayor wrote. It was left for his successor, Ken Cockrel Jr., who denied receiving a computer from Kwame Kilpatrick.
Schapka could not be immediately reached for comment today.
A federal judge has scheduled a Dec. 1 hearing before deciding whether to sanction the city of Detroit for destroying Kwame Kilpatrick's computer in 2008 while lawsuits were pending involving e-mails and text messages.
The city turned over thousands of documents Nov. 9 after Greene family lawyers asked for police activity logs for officers assigned to the 7th Precinct from August to October 2002.
But the city failed to turn over Gargalino's run sheets and activity logs for the police department's Harbormaster Boat Unit.
Gargalino had two supervisory runs Sept. 4, 2002, the only day of the month he had any such runs. But the city has not produced the run sheets, Hermanson wrote.
The Greene family lawsuit accuses Detroit and Kwame Kilpatrick of quashing an investigation into Greene's death in 2003. Greene, 27, was killed in a drive-by shooting several months after she was linked to the rumored but never proven party at the mayor's mansion in fall 2002.
Boat records sought in slain stripper case
Lawyer questions whether city boats transported strippers to fabled party
Detroit News
November 25, 2010
Detroit - A lawyer representing the family of slain stripper Tamara "Strawberry" Greene wants the city to turn over records that could prove whether city boats were used to ship strippers and guests to a rumored Manoogian Mansion party.
Dozens of tipsters have claimed city boats were used to transport partiers and strippers to the Manoogian, which backs up to the Detroit River, Greene family lawyer Gary Hermanson wrote in a court filing late Tuesday in U.S. District Court in Detroit.
But the city has failed to turn over the boat logs and other city documents, a failure that should result in the city paying a "substantial" sanction, Hermanson wrote.
"How many more times must the plaintiffs have to come before this court and point out the glaring deficiencies in the city's misleading and half-baked responses to document discovery requests that should have been answered fully and properly many months ago," Hermanson wrote.
The boat rumor is the latest allegation to surface in the long-running lawsuit filed by Greene's family, which accuses Detroit and ex-Mayor Kwame Kilpatrick of obstructing an investigation into the woman's 2003 death.
Meanwhile Wednesday, a city attorney argued Detroit should not be penalized for failing to preserve Kilpatrick's e-mails.
The e-mails were automatically deleted years before Greene's lawyers asked for them, the city attorney, John Schapka, wrote.
A federal judge scheduled a hearing Dec. 1 before deciding whether to sanction the city.
Kilpatrick's e-mails were automatically deleted by the city's computer server years earlier, when it was unforeseeable that the controversial mayor's messages could hold evidentiary value, Schapka wrote.
"Such foresight would constitute clairvoyance," Schapka wrote.
Since the e-mails had been deleted, and because Kilpatrick never saved e-mails on his desktop computer's hard drive, the location of Kilpatrick's computer is immaterial, Schapka wrote.
Schapka said the computer was thrown away in 2008.
Kilpatrick said this week he left the computer for his successor, Ken Cockrel Jr.
Cockrel has said he doesn't remember receiving any computer from Kilpatrick.
Another Greene family attorney, Norman Yatooma, has requested a default judgment against the city for intentionally throwing away Kilpatrick's computer. He also said the city should pay a sizable fine.
Schapka's filing includes an affidavit from a city employee saying he found e-mail messages belonging to Kilpatrick.
Terrence Sims, a Detroit employee who oversees the city's e-mail system, recently supervised a search for Kilpatrick's e-mail, according to an affidavit filed in U.S. District Court in Detroit.
Greene family lawyers want Kilpatrick's e-mails from September 2002 through June 2003 to see if there is any proof that the ex-mayor or city obstructed the homicide investigation.
While Sims' search failed to find e-mails from September 2002 through June 2003, other e-mails were found and extracted, Sims wrote in the affidavit.
The affidavit and Schapka filing came hours after Hermanson questioned whether boats ferried partiers and strippers to the rumored Manoogian party. In particular, he wants activity logs and run sheets for Sept. 4, 2002.
The Sept. 4 date showed up on a cryptic entry in the city's fire boat log, which was turned over to Greene family lawyers earlier.
The log refers to a "Mason McBride" party and a rendezvous between a city fire boat and the private charter boat Infinity near the Ambassador Bridge, according to Hermanson's filing.
Yet when the city turned over additional documents Nov. 9, there were no activity logs for the city boat for any weekdays in 2002, Hermanson wrote.
Mason-McBride Inc. is an insurance and financial services firm based in Troy. Scott McBride, the company's secretary/treasurer, said his firm chartered the Infinity for a lunch cruise on or around Sept. 4, 2002.
The firm used the Infinity for a lunch cruise for employees and clients, McBride said.
"It had nothing to do with the city or Manoogian," he told The Detroit News.
Kwame Kilpatrick may testify in missing computer case
Detroit News
November 29, 2010
Detroit - Former Mayor Kwame Kilpatrick could be called as a witness Wednesday at a hearing that could help a judge decide whether to sanction the city of Detroit for destroying his computer in 2008 Kilpatrick's name was included today on a list of witnesses who might be called during a hearing in U.S. District Court involving parties in a lawsuit between the city and the family of Tamara "Strawberry" Greene. She allegedly performed at a rumored Manoogian Mansion party in 2002 and was killed months later in a drive-by shooting.
Greene family lawyers want Kilpatrick's e-mails from September 2002 through June 2003 to see if there is any proof that the ex-mayor or city obstructed the homicide investigation.
Greene family lawyer Norman Yatooma said he may call Kilpatrick, City Councilmen Ken Cockrel Jr. and Gary Brown, former Police Chief Ella Bully-Cummings and 36th District Judge Ruth Carter.
A city lawyer said the computer was destroyed while lawsuits were pending involving e-mails and text messages. But Kilpatrick filed an affidavit last week saying it was given to his successor, Cockrel, in September 2008. Cockrel said he does not remember Kilpatrick leaving a computer behind.
City lawyer John Schapka said computers belonging to Kilpatrick and his former mistress, then-Chief of Staff Christine Beatty, were thrown away and replaced in February 2008 - even though the Greene suit and other cases were pending.
Yatooma has requested a default judgment against the city for intentionally throwing away Kilpatrick's computer. He also said the city should pay a sizable fine.
Kilpatrick's computer was thrown away seven months before he resigned in 2008.
U.S. Magistrate Judge R. Steven Whalen last month said he was troubled that the computers were thrown away.
Kilpatrick, who is in federal prison for violating probation, was indicted June 23 on 19 fraud and tax counts. He was accused of turning the Kilpatrick Civic Fund charity into a personal slush fund for cash, travel, yoga, summer camp and anti-bugging equipment when he was in office.
Also liylsted as possible witnesses are Detroit Corporation Counsel Krystal Crittendon and Terrence Sims, a Detroit employee who oversees the city's e-mail system.
He said in a court affidavit that he recently supervised a search for Kilpatrick's e-mail. While Sims' search failed to find e-mails from September 2002 through June 2003, other e-mails were found and extracted, Sims wrote in the affidavit.
Bernard Kilpatrick Deposed For 6 Hours
Norman Yatooma
Nov 30, 2010
Feds agree Detroit should get restitution from former monitor Sheryl Woods
Detroit Examiner
November 30, 2010
The feds and the city of Detroit agree that attorney and former federal monitor Sheryl Robinson Woods should pay restitution to the city for $10 million in billable hours racked up during her stint as federal compliance monitor over the DPD. They insist that her performance was compromised by a personal, and likely sexual, relationship with disgraced former mayor Kwame Kilpatrick that placed Woods in a conflict of interest.
The relationship came to light with the discovery of text messages between the two that resulted in Wood's resignation as monitor in July, 2009.
Wood's job arose from two 2003 consent judgments ordering the DPD to make changes in certain corrupt operating procedures, in a case assigned to federal judge Julian Abele Cook. Wood was selected as a monitor to report on the DPD's progress in bringing its procedures into complicity with the consent judgments.
Working with three different law firms over the course of her tenure, Wood and others in the firms racked up some $10 million in billable hours, charged to the city.
Then came the text message flop, with its revelation of a close relationship with Kilpatrick. Filings in the Tamara Greene civil action allege that this relationship was sexual in nature.
City lawyers have sued Woods and the law firms demanding restitution of legal fees, citing a conflict of interest that tainted the monitorship.
The feds agree that the city should be reimbursed, but maintain that Woods alone should pay, rather than sharing the burden with potentially innocent parties.
The task of determining the restitution issue will fall on Judge Cook.
Feds say former police monitor Sheryl Robinson Wood owes Detroit a refund
MLive
Nov 30, 2010
The federal government would like Sheryl Robinson Wood to please repay the city of Detroit fees she was paid while not monitoring the Detroit Police Department.
Wood was removed as DPD monitor last year when text messages revealed she had an inappropriate personal relationship with former mayor and presently incarcerated felon Kwame Kilpatrick.
Filings in the Tamara Greene suit allege the Kilpatrick-Wood relationship was sexual in nature
Wood worked for three different law firms while supposedly monitoring the DPD. Collectively, they were paid $10 million to oversee federally-mandated departmental reforms. The feds believe Detroit is owed repayment of Wood’s billable hours.
Earlier this month, city lawyers filed suit against Wood and her former employers demanding repayment of the entire cost of the monitoring process. They argue Wood’s inappropriate relationship with Kilpatrick created a conflict of interest that prevented her from effectively serving as an independent police monitor.
Say what you will about Bobby Ferguson but he actually knocked things down when he won allegedly rigged demolition bids.
Kwame Kilpatrick to testify Monday
Detroit News
December 1, 2010
Detroit - Former Detroit Mayor Kwame Kilpatrick will testify Monday at a hearing in federal court that could help a judge decide whether to sanction the city over supposedly destroying his computer in 2008.
In the meantime, the city will search its computer servers for any e-mails belonging to Kilpatrick's former chief of staff, Christine Beatty, former Police Chief Ella Bully-Cummings and former Detroit Corporation Counsel Ruth Carter who is now a 36th District judge.
Kilpatrick will be questioned about an affidavit he signed last month claiming he did not know how to archive or store e-mails while mayor.
"From what I know about Kwame Kilpatrick, after he says his first name and last name, everything else out of his mouth is a lie," said lawyer Norman Yatooma, who represents the family of Tamara "Strawberry" Greene. She allegedly performed at a rumored Manoogian Mansion party in 2002 and was killed months later in an unsolved drive-by shooting.
Greene family lawyers want Kilpatrick's e-mails from September 2002 through June 2003 to see if there is any proof that the ex-mayor or city obstructed the homicide investigation.
A three-and-a-half hour hearing was held today in U.S. District Court in Detroit to help the judge decide whether to sanction the city for supposedly destroying Kilpatrick's computer.
The hearing featured testimony of Terrance Sims, a Detroit employee who oversees the city's e-mail system. He supervised a search last month for Kilpatrick's e-mail but did not find any e-mails in the former mayor's inbox from September 2002 through June 2003.
The search did find unopened or undeleted e-mails from 2006 through last month, showing Kilpatrick's e-mail address continues to receive messages, though it's mostly spam.
Sims said the discovery shocked a city lawyer who in July claimed Kilpatrick and Beatty's e-mails and accounts were deleted and purged from the city's system two years ago.
"When I delivered the e-mails, they were kind of surprised," Sims testified before U.S. Magistrate Judge R. Steven Whalen.
He suspects the lawyer was confused about how the city's computer technicians are able to recover certain e-mails that hadn't been trashed by the recipient.
Sims testified that if a user sends e-mails to their trash basket, the e-mails are purged within seven days from the city's computer servers. The e-mails are irretrievable unless the user manually archives the messages or saves a copy on their computer's hard drive.
Kilpatrick claims he never archived or saved e-mails.
But that claim is impossible to prove without his computer, Yatooma said.
Whalen said today Kilpatrick's testimony is "necessary."
City lawyer John Schapka said computers belonging to Kilpatrick and Beatty were thrown away and replaced in February 2008 - even though the Greene suit and other cases were pending.
Kilpatrick filed an affidavit last week saying it was given to his successor, Ken Cockrel Jr., in September 2008. Cockrel said he does not remember Kilpatrick leaving a computer behind.
Yatooma has requested a default judgment against the city for intentionally throwing away Kilpatrick's computer. He also said the city should pay a sizable fine.
Kilpatrick, who is in federal prison for violating probation, was indicted June 23 on 19 fraud and tax counts. He was accused of turning the Kilpatrick Civic Fund charity into a personal slush fund for cash, travel, yoga, summer camp and anti-bugging equipment when he was in office.
Kilpatrick ordered to testify about missing computer in Greene case
Detroit Examiner
December 2, 2010
The civil action in Greene v Detroit and Kwame Kilpatrick has hit a critical stage, particularly in the wake of defendants' motion to dismiss the case for lack of evidence. But a bold stroke by Greene family attorney Norman Yatooma involving Kilpatrick's missing computer may not only nullify defendant's dispositive motion, but may result in defendants being sanctioned for destroying or losing relevant evidence.
During a four hour session in federal court Wednesday, magistrate R. Stephen Whalen ordered Kwame Kilpatrick to appear as a witness with respect to his missing city computer. Yatooma has insisted that e-mails on the computer could directly support the heart of his case- that defendants' actively throttled the DPD's initial investigation into the murder of Tamara Greene on April 30, 2003.
Kilpatrick's credibility as a witness, even under oath, has not been historically reliable. Yet he will appear in federal court at 9:00 AM Monday. He will be questioned about the present location of the computer, of course. He is also expected to testify about the content of e-mails that have been deleted, either by the computer itself due to programmed settings, or manually by Kilpatrick. One may also anticipate that the former mayor will be asked about an affidavit he filed in November; it claimed that he did not know how to store or archive e-mails, and that he had given the computer to his successor, Ken Cockrel, Jr.
Cockrel has denied ever receiving the computer.
Owing to what he perceives as contradictory statements by defendants regarding the computer and its e-mails, Norman Yatooma expressed frustration as he emerged from Wednesday's hearing. "Pick a lie, any lie," he told the press.
"See, we hear, initially, the computers were trashed. Then we hear the computers were transferred, just to other personnel. Now we hear the computers are irrelevant," Yatooma said.
More drama in the Greene case is on the horizon, so stay tuned.
Trial date canceled in Greene lawsuit
Detroit News
December 2, 2010
Detroit - Federal officials have canceled the trial date in the Tamara "Strawberry" Greene lawsuit against the city and ex-Mayor Kwame Kilpatrick while a judge decides whether to toss the case.
The move was outlined in a filing today in U.S. District Court adjourned a Dec. 16 pretrial conference and the trial scheduled for Jan. 4.
Greene family lawyer Norman Yatooma said the move is merely a scheduling issue. With the holidays approaching and parties arguing over whether the city should be sanctioned for destroying Kilpatrick's computer, Chief U.S. District Judge Gerald E. Rosen indicated he likely would hold a hearing on the city and Kilpatrick's motions for summary judgment early next year, Yatooma said.
"That Jan. 4 trial date is not plausible," Yatooma said. "The court has made no indication the (summary judgment) motion will be granted, denied or anything at all."
New dates could be scheduled if necessary, according to today's notice.
One legal expert said the adjournment at least indicates Rosen is not going to deny summary judgment motions from Detroit and Kilpatrick outright. Wayne State University law professor Peter Henning said it could indicate Rosen will dismiss parts of the lawsuit and possibly a defendant, he added.
"It does indicate Judge Rosen is at least giving very serious consideration and likely will write an opinion to explain his reasoning," Henning said today.
A written opinion could help narrow the case and eliminate either the city or Kilpatrick as defendants, Henning said.
"It doesn't mean (the Greene family) lost, but this could slow the case down," Henning said.
If the five-year-old case survives, a new trial date could get delayed two or three months to accommodate schedules.
Others cautioned against reading too much into the notice.
"On its face, it sounds like the judge is just wanting to take as much time to give the most thorough review he can," said Alan Gershel, who was head of the criminal division at the U.S. Attorney's Office in Detroit for close to 20 years and is now a professor at Thomas M. Cooley Law School in Auburn Hills. "I don't think the judge would telegraph what he's going to do here."
Greene's family sued five years ago, claiming Kilpatrick and the city quashed an investigation into the slain stripper's death.
She allegedly performed at a never-proven Manoogian Mansion party in 2002 and was killed months later in an unsolved drive-by shooting.
Ex-mayor to testify later
Grand Rapids Press
December 4, 2010
DETROIT -- Former Detroit Mayor Kwame Kilpatrick's testimony as part of an inquiry into his city computer and e-mails is being rescheduled.
U.S. Magistrate Judge R. Steven Whalen had ordered Kilpatrick to testify Monday. The court said Friday a new date likely will be set later. E-mails and the city's computer system are under scrutiny in a civil lawsuit filed by the family of slain stripper Tamara Greene. Lawyers who accuse Kilpatrick of squelching the murder investigation want his e-mails from 2002-03, but the city says it doesn't have them. Kilpatrick resigned in 2008 amid a scandal involving text messages.
Judge orders Kilpatrick to testify about missing computer
Norman Yatooma
Dec 6, 2010
Tamara Greene's Son Says Someone Is Lying
Norman Yatooma
Dec 7, 2010
Judge - Where are former Detroit Mayor Kwame Kilpatrick's computer and emails?
Norman Yatooma
Dec 7, 2010
Lawyer Norman Yatooma for the family of Tamara Greene talks about missing e-mails
Norman Yatooma
Dec 7, 2010
Judge Ruth Carter deposed in Greene lawsuit
Norman Yatooma
Dec 7, 2010
City ordered to produce backups from missing Kilpatrick computer
Detroit Examiner
December 7, 2010
The phrase 'gone but not forgotten' comes to mind. While Kwame Kilpatrick's office computer could be at the bottom of the Detroit River for all we know, part of its data was downloaded onto CDs, and a federal magistrate on Monday ordered the city to turn those over to Norman Yatooma, the lawyer representing the family of murdered dancer Tamara Greene. The order in the civil action Greene v City of Detroit and Kwame Kilpatrick also mandates the production of two external hard drives on which materials from Kilpatrick's home computer were reportedly backed up.
The existence of these items is yet another surprising revelation in the city's most interesting civil case. It is not yet certain how federal magistrate R. Steven Whalen found out about the existence of these items, although a tip from a city employee is not out of the question. The issue of whether Kilpatrick's computers were backed up was raised earlier by Yatooma in a set of hearings, but the city never mentioned these items.
For the revelation to surface at this time does not look good for the defendants, who insist that nothing related to Greene's death has been covered up. Magistrate Whalen, already considering sanctions against the city for losing the office computer, was not happy about it, if yesterday's order is a reliable indicator.
Under Whalen's order, the city attorney John Schapka will have one week to locate the external hard drives and backup CDs. These he must provide to Kilpatrick attorney James Thomas, who will have seven days to redact any privileged attorney-client communications. Thomas then has to turn the items over to Norman Yatooma.
Will Yatooma find any 'smoking guns?' Quite possibly. It is axiomatic that in civil cases the tougher it is to get discovery materials, the juicier they are.
The Greene family is alleging that the ex-mayor and the city interfered with the initial DPD investigation into the murder of Tamara Greene. Defendant's deny this, and are trying to get the case thrown out, without trial, for lack of merit.
Kwame Kilpatrick's back-up hard drives found; to be turned over to Tamara Greene lawyers
MLive
Dec 07, 2010
Magistrate Steven Whalen ordered the city to turn over hard drives and compact disks containing files from either incarcerated felon and former mayor Kwame Kilpatrick’s personal or work computer to lawyers in the Tamara Greene wrongful death suit.
After weeks of legal back and forth as to what happened to Kilpatrick’s mayoral computer, the discovery of these hard drives is quite the happy accident.
Alternatively, depending on your point of view, the problem that arises from writing “Mayor” on everything you have. Or, in the case of dress shirts, embroidering it on the cuffs
Even if the drives don’t contain smoking gun evidence of a conspiracy to kill Tamara Greene, they should be -- based on previous Kilpatrick electronic communication -- entertaining.
Just think what could be on those drives? Porn is too easy. That’s such a given, it’s almost passé. I’m imagining a lot of pictures of Kwame Kilpatrick. Or maybe an awkwardly personal diary:
1/4/08 Dear Diary, Everyone is saying this Obama might be the first black president. But that's totally unfair because mother said God promised that job to me. Why does Obama get to get up in the White House by just coming? Some days I just want to stay in bed and sing R. Kelly songs and cry. Life is hard but I guess I'll be ok. Later. XOXO, K.
Considering Kilpatrick fired three honest police officers so they couldn’t stumble upon his affair with Christine Beatty, it’s entirely plausible the whole lost computer saga was just a ruse to protect Kilpatrick’s ego and hide something this trivial and amusing.
Former stripper's testimony taints Greene case, city contends
Detroit News
December 17, 2010
Detroit - A witness whose mental well-being and memory were questioned after she testified about attending the rumored Manoogian Mansion party destroys any claim of a cover-up into the death of Tamara "Strawberry" Greene, a city lawyer said Thursday.
The city filed paperwork in U.S. District Court in Detroit asking a federal judge to dismiss a lawsuit filed by Greene's family. The lawsuit accuses Detroit and ex-Mayor Kwame Kilpatrick of obstructing an investigation into Greene's 2003 death.
The filing said testimony from ex-stripper Tamika Ruffin contradicts other accounts provided by witnesses presented by Greene family lawyer Norman Yatooma.
"Ruffin's testimony destroys plaintiff's claim that the party was covered-up," city lawyer John Schapka wrote.
Ruffin surfaced as a surprise witness last month, saying she was offered $1,000 to perform for Kilpatrick and friends at the Manoogian party, attended by about 10 uniformed police officers and filled with cocaine and marijuana.
Carlita Kilpatrick crashed the party, Ruffin said, storming into the mayoral mansion and interrupting Greene giving Kwame Kilpatrick a lap dance.
The party allegedly occurred in fall 2002.
Ruffin testified the party happened in March 2003 and that two or three months later - in May or June 2003 - Greene moved into Ruffin's home. But Greene, 27, was dead by that time, the victim of a drive-by shooting in April 2003.
Ruffin also testified she lived with Greene in June 2003 - two months after Greene was killed.
Ruffin also said a Fox 2 news van was parked outside the Manoogian.
"Of course, with the broadcast media on the scene, plaintiff cannot realistically claim a cover-up of the party or the events unfolding there," Schapka wrote.
Yatooma acknowledges Ruffin got the date of the party wrong, but he believes she was simply mistaken.
Federal judge chastises Kilpatrick lawyers over secrecy attempts
Detroit News
December 21, 2010
Detroit - A federal judge today censured former Mayor Kwame Kilpatrick's attorneys for trying to file motions under seal in the lawsuit involving slain exotic dancer Tamara Greene.
Today's order by U.S. Eastern District Judge Gerald E. Rosen is his latest admonishment of Kilpatrick's attorneys for trying to keep court motions hidden. Rosen ordered Kilpatrick's motion, which was filed Monday, stricken from the court record.
Norman Yatooma, attorney for Greene's family, said the attorneys were "trying to seal documents related to Kilpatrick's computer."
Rosen pointed out that anyone wishing to file motions under seal must receive prior authorization from the court, and show why the information needs to be kept under wraps.
"This court has repeatedly emphasized in this case that this . . . rule would be strictly enforced, and it has removed from the docket sealed submissions that were filed in violation of this . . . rule." Rosen wrote in today's order.
In September, Rosen made public a motion filed by Kilpatrick attorney James Thomas seeking to dismiss a federal lawsuit filed by Greene's family, which claims the ex-mayor and Detroit Police officials quashed an investigation into Greene's drive-by shooting death in April 2003.
Greene allegedly danced at a rumored but never proven Manoogian Mansion party.
Thomas was not available for comment this afternoon.
In today's order, Rosen wrote that Kilpatrick's attorneys likely won't be able to show just cause to file the motion in question under seal, because the motion "discusses procedural matters that seemingly need not be shielded from public disclosure."
Strawberry: How an Exotic Dancer Toppled Detroit's Hip-Hop Mayor
Paperback – January 1, 2011
Tamara Strawberry Greene was an exotic dancer with dreams of opening her own clothing store until an April morning in 2003 when she was violently gunned down on a Detroit side street. Shocking revelations pointed to a possible cover-up of her homicide by former Detroit Mayor Kwame Kilpatrick when rumors surfaced that Greene danced naked for him at a wild bachelor party and was allegedly attacked by his wife, Carlita. This book, written by a former Detroit Free Press writer/columnist Carol Teegardin, details how a talented young woman, reaching for the stars, helped topple the Kilpatrick administration.
Jonathan Bond talks about his slain mother, Tamara Greene
Norman Yatooma
Jan 11, 2011
Kilpatrick's Missing Emails
Norman Yatooma
Jan 11, 2011
Detroit Must Turn Over Kwame Kilpatrick Computer Data
Norman Yatooma
Jan 11, 2011
RAW INTERVIEW - Bernard Kilpatrick
Norman Yatooma
Jan 11, 2011
Judge orders Kilpatrick to testify about missing computer
Norman Yatooma
Jan 11, 2011
Lawyer for the family of Tamara Greene says he believes missing e-mails should amount to sanctions
Norman Yatooma
Jan 11, 2011
Missing Evidence In Tamara Greene Lawsuit
Norman Yatooma
Jan 11, 2011
Explosive New Claims In Tamara Greene Case
Norman Yatooma
Jan 11, 2011
New Twist In Tamara Greene Investigation
Norman Yatooma
Jan 11, 2011
Lawyer: Stripper Danced At Detroit Mayor's House
Norman Yatooma
Jan 11, 2011
EXCLUSIVE: Suspected killer of Tamara Greene speaks out
Norman Yatooma
Jan 11, 2011
New Witness Says She Danced at Manoogian Mansion Party
Norman Yatooma
Jan 11, 2011
What Really Happened at Manoogian Mansion?
Norman Yatooma
Jan 11, 2011
Officer: Manoogian Party Never Happened
Norman Yatooma
Jan 11, 2011
Legal documents unsealed Sunday reveal new 'witnesses' in rumored Manoogian party
Norman Yatooma
Jan 11, 2011
New Witness Says She Danced at Manoogian Mansion Party
Greene Gave Kilpatrick A Lap Dance
Norman Yatooma
Jan 11, 2011
Greene Case Revelations
Norman Yatooma
Jan 11, 2011
Attorneys Say Rumored Manoogian Mansion Party Date Is Key To Investigation
Norman Yatooma
Jan 11, 2011
Kwame Kilpatrick's computer thrown away
Norman Yatooma
Jan 11, 2011
Kwame Says He Left Computer For Successor
Norman Yatooma
Jan 11, 2011
Ex Detroit Mayor's Dad Threatened With Contempt
Norman Yatooma
Jan 11, 2011
Bernard Kilpatrick Skips Deposition; Carlita Testifies
Norman Yatooma
Jan 11, 2011
Christine Beatty Deposed For 2nd Time
Norman Yatooma
Jan 11, 2011
City Told To Produce Records In Stripper Case
Norman Yatooma
Jan 11, 2011
City Asks Judge To Throw Out Greene Case
Norman Yatooma
Jan 11, 2011
Attorney Files New Motion In Greene Case
Norman Yatooma
Jan 11, 2011
Yatooma seeks default judgment in Tamara Greene lawsuit
Detroit News
January 17, 2011
Detroit - A lawyer representing the family of slain exotic dancer Tamara "Strawberry" Greene asked a federal judge today to issue a default judgment against the city for failing to turn over e-mails and other records.
The request, filed by lawyer Norman Yatooma in U.S. District Court in Detroit, said the city should be penalized for withholding documents requested last summer.
"A substantial sanction is warranted here, not only for the City's continued failure to fully comply, but also for the needless time and expense to which plaintiffs, and this court, have been put based upon the city's inaccurate, incomplete, and misleading discovery responses...," Yatooma wrote in the filing.
Greene family lawyers are trying to find e-mails received and sent by former Mayor Kwame Kilpatrick and others from September 2002 through June 2003. They are trying to determine whether there's any evidence that the former mayor or the city obstructed the investigation into Greene's death.
City lawyer John Schapka could not be reached for comment today.
The woman, who allegedly danced at a rumored but never proven party at the Manoogian Mansion, was killed in an unsolved drive-by shooting in 2003.
Lawyers for Kilpatrick and the city have asked Chief U.S. District Judge Gerald E. Rosen to dismiss the lawsuit.
Yatooma said the city has failed to turn over activity logs for Police Sgt. Shawn Gargalino, identified by a dispatcher as being the supervising officer sent to the Manoogian Mansion following several 911 calls, according to today's filing.
Yatooma also blamed the city for failing to turn over e-mails from former Police Chief Ella Bully-Cummings and two former Kilpatrick bodyguards.
Outraged Citizens Alert: Gay Policewoman Jailed on YOUR Tax Dollars (Part 1 of 5)
Detroit Examiner
February 10, 2011
It was a mutual love for and respect of the law that first brought two professional Detroit women together. And although they were each from very different backgrounds, there were similarities between them. They were, for all intents and purposes, colleagues, best friends and a devoted lesbian couple for more than eight years.
Now it is that very law that they both loved and served that is working to destroy one of them.
This is a story of commitment, ambition, destruction — and love. Hopefully, it will have a happier ending when it all plays out.
Wedad Elhage, 46, is a remarkable figure of a woman. At 6’2” and wearing dark green Wayne County Jail “scrubs,” she is still imposing — tall, strong and articulate, with a command of names, dates and places that undoubtedly arose from her 24 burgeoning years as a Detroit Police Officer.
But she now sits as an inmate behind the jail’s scratched Plexiglas shield, and as she carefully explains her life, she can’t always succeed at keeping her eyes dry. Her voice is sometimes barely discernible as it drifts through the rusted mesh metal cover in the glass, and her posture occasionally slumps. It’s clear she sees so many aspects of that life as over.
The irony of this is it absolutely does not at all have to be that way.
This is America. This is the land of opportunity, and the home of freedom and democracy. This is the place where despite our personal struggles with race, ethnicity, gender and sexual orientation, most of us have toiled to make acceptance a reality for centuries.
Yes, it’s still a work in progress. But, we remain at that task. We do it because the end result holds promise.
America is the place that the Elhage family, with its 14 children, chose as its adopted home, a refuge in late 1978 from the civil war in Lebanon. And Detroit is the city where the youngest daughter of that family, Elhage, chose to serve and protect, and for which her work was decorated and honored.
Elhage was even the first foreign-born female Arab-American police officer in America.
“Wedad always wanted to be a police officer; she tried other jobs, but this was her ultimate goal,” said her 44-year-old brother, Nezar “Nick” Elhage. “Even as a kid, she would stand up for kids — and to kids — and always liked people. She was soft-hearted and loyal, and if she made mistakes, she did what we all did in our family: She owned up to it.
“But, this case is wrong,” said the Dearborn Heights restaurant cook. “There never should’ve been a bond on her at all; she never hurt anyone, and there is nothing in the records that even claims that. Yet, she is locked up — and unfairly so.”
Nick Elhage says that he has wanted to intervene on behalf of the sister he refers to as “a great person and not a scammer.” After all, he says, he and his sister’s lover, Shelley Drain, were also good friends over the years, and he wants to talk to her to try and “straighten this mess out.”
“But, I was told the same things used to detain my sister would be used on me, too, if I tried to call Shelley or contact anyone connected with her,” he added. “I can’t go to jail. So I backed off.”
Still, he worries about his sister, who is now locked up with some of the very prisoners she was pivotal in helping to arrest.
Being there, she says, makes her “emotional and uncomfortable when they recognize,” her.
And, she is also one of the original officers investigating the Tamara Greene murder/Manoogian Parties case. Now that some of those luminaries are also locked up, Detroit jail is an even tougher place. And, Wedad Elhage knows tough.
“She is very strong, but how much can a person be expected to take?” Nick asked. “She never did anything wrong. She had a loving relationship; she taught law enforcement classes at Wayne State; she lived by the law; she even attended Bible study classes twice a week after her conversion to Christianity in 2005. But, when she refused to accept Shelley’s father’s offer of a large lump sum of money to go away from his daughter, the world fell in.”
Don’t miss Parts 2, 3, 4, and 5 of this intriguing story of politics, love, being gay in the Motor City and behind-the-scenes maneuvers.
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Outraged Citizens Alert: Gay Policewoman Jailed on YOUR Tax Dollars (Part 2 of 5)
Wendy Clem
Detroit City Buzz Examiner
February 10, 2011
Wedad Elhage and Shelley Drain were a loving lesbian couple for more than eight years in Detroit.
The shadowy figure in this case seems to be Shelley Drain, who works in the Personal Protection Order (PPO) Division as a Wayne County Assistant Prosecutor in that famous office that worked to help bring down Detroit’s King, Kwame Kilpatrick, former mayor and current inmate.
Yet so far, Drain’s self-protective presence is reflected only through the input of her boss and friend, Wayne County Prosecutor Kym Worthy — who continues to inject herself into a case she was legally removed from — and Drain’s father, 3rd Wayne County Circuit Court Judge Gershwin Drain.
The elder Drain, who points to more than 20 years’ judicial experience in his campaign rhetoric, was re-elected last fall to his position, where he finished in 18th place out of the 19 winning candidates.
As Wedad Elhage tells it, she and Shelley Drain, 41, met while serving as co-mentors at area high schools, where they worked with the young people and served as motivational speakers while Elhage recruited future officers for the police department.
They fell in love, says Elhage, and spent the next eight and a half years sharing a life as family and with family and friends. They bought a house together in 2008, and moved to Canton.
“They spent years together, went on cruises, shared holidays with family and friends, held barbecues — everything couples do,” said Elhage’s attorney Charles Busse, of Warren, and their photos bear that out.
“This is just a tragic, highly unique case in which immense resources have been expended on prosecuting Wedad. And, all she is really guilty of, is loving someone and remaining committed to that love.”
Elhage says problems began in 2008 when Drain and she decided to purchase a second home — this time in Plymouth.
“Shelley said her dad was providing $26,000 toward that purchase, but I didn’t think that was such a good idea,” said Elhage. Complications escalated, she says, when Drain insisted that only her name appear on the mortgage. “It gave me a bad feeling.”
Still, they spent the fall months fixing up and preparing the home, then moved in together during October.
“Then, on October 31, Shelley had her parents arrive at the house and meet with us, claiming that Shelley didn’t want to be with me anymore,” Elhage said.
Confused, Elhage moved out.
By November 11, when driving past the house, Elhage says a strange truck was parked in the driveway. She says she then did something she has since had to answer for: She ran the plate to check the ownership of the vehicle.
It came back as belonging to a man who had been working at the house as a painter, she says. Elhage says the plate check also revealed that he had a colorful history, including a felony warrant out on him. Inquiring of Drain the nature of her relationship with the man, Elhage was told he was merely doing routine work around the house and meant nothing to Drain.
Elhage was further confused, worried for Drain’s safety — and hurt. But, she was still hopeful that all was not lost between them. And, Drain continued to encourage their connection, she says.
After all, Drain still was relying on her both socially and as a confidante and more recently had conferred with her about having a tummy tuck and breast surgery. Elhage says she tried to understand that — and supported Drain, regardless.
“Shelley said the painter was just doing work on the house; she was having the guy do painting in preparation for Thanksgiving, and, anyway, she and I continued to date,” she said. “She accepted gifts from me, things were actually quite good between us. I always understood that she was insecure but, as always, I supported her.”
The man in the picture, however, wasn’t as understanding, says Elhage.
After she bought two tickets to Hawaii with the hope of marrying Drain, he threatened to kill Elhage.
“I called him and told him that that wasn’t such a good idea — threatening to kill a police officer,” she said.
Meanwhile, she says she only visited Drain at her invitation. One day, Drain called her, upset and asking to talk in person. Even though at that juncture Elhage had been court-ordered not to see her, she agreed to a rendezvous in a parking lot.
That’s when Drain’s parents suddenly appeared on the scene and Elhage says Shelley’s dad told Elhage: “Aha! I got you — and I got your job!”
Outraged Citizens Alert: Gay Policewoman Jailed on YOUR Tax Dollars (Part 3 of 5)
Wendy Clem
Detroit City Buzz Examiner
February 10, 2011
Wedad Elhage and Shelley Drain were a loving lesbian couple for more than eight years in Detroit.
Meanwhile, that law that is so revered by Elhage and works so handily for the Drains was busily at work, says Elhage’s attorney, Busse.
“There was such a combination of officers in on this case, from all kinds of departments,” he said. “The Detroit Police Internal Affairs, the Wayne County Sheriff, the Wayne County Surveillance Task Force, the Plymouth Police Department, the Canton Police Department — and, of course, the Wayne County Prosecutor’s office.”
All the stops were pulled out, and surveillance on Elhage resulted in the epic charge of her being accused of driving down Shelley Drain’s street, leading to a charge of aggravated stalking. A broken bottle found at the end of Drain’s driveway was also blamed on Elhage, although no witnesses ever claimed to have seen her with it or throwing it. Drain’s word is that it came from Elhage, according to documentation.
That led to a $500,000 bond leveled on Elhage, and she was ordered to not have contact with Drain nor any of her associates.
It was then that one of the two men in Drain’s life, the painter, contacted Elhage, appealing to her for help. He told her, she says, that it was a matter of urgency that she call Shelley Drain.
Angsting over the potential consequences to her own future if she made that connection, Elhage nevertheless did just that.
Then, the world really fell in. She was hit with a violation of her bond terms, and that bond was remanded, says Busse.
“(The painter) later admitted on the stand that that call was made so that he could set Wedad up,” Busse said. “Yet, despite that admission, she has been in jail since December 3, held without bond.”
Constant intervention by Drain’s office on Shelley’s behalf have raised this question: Why are so many people fighting so hard to nail Elhage for loving a woman — and one who clearly does not appreciate it? In fact, Drain’s office was serving as the chief prosecution in the case until Plymouth’s 35th District Chief Judge Mike Gerou was made aware that Drain, as the complainant, worked there!
Judge Gerou, citing conflict of interest, took Drain and Worthy’s office off the case, and instead, brought in a special prosecutor, says Busse. Michael King will now oversee the case, having been appointed by the Attorney General’s office. And, although Worthy was ordered to remain hands off, she has since violated that order to intervene again, demanding Elhage’s incarceration for some unproven death threats against Drain, as evidenced by documentation with her official letterhead.
The trial is set for February 22.
For the present, Elhage sits in her cell, remembering dates, names and places, and the one she loved for what has stretched to more than 10 years now.
“I still love her,” she rather sheepishly admits.
Now, lest anyone say this has soft-balled Elhage as a fuzzy little helpless creature, let me address that assumption.
She is now the first to admit she is gay. Yet she had to, by necessity, lead a type of double life at work for many years because of that. Still — gay or straight -- who among us details their sex life at work, anyway?Well, those with any class, that is.
Although she dated other women through the years, including several, she says, from the prosecutor’s office — and later openly lived and traveled with Drain — coming out completely at work was not possible for some time.
Yet she was honest with who she was when they were together, as evidenced by the trail of photos, and she gave her heart willingly and without a hidden agenda.
“I was working in a field with a lot of tough standards and with a lot of tough people who were expected to uphold those standards,” she said. “The men were rough on me — here I was a woman, from another country originally — and I was tall, and I took a lot of teasing for it. I had to take it all in stride. And even though I was doing my job to the letter of the law, if I didn’t respond to their advances or innuendoes, they did what many men do to women who don’t flirt back in the workplace: They accused me of being a lesbian.”
Except, she adds with a laugh, she was a lesbian. So, she learned to roll with the roughness of her job and went along with the double life for the time being.
Outraged Citizens Alert: Gay Policewoman Jailed on YOUR Tax Dollars (Part 4 of 5)
Wendy Clem
Detroit City Buzz Examiner
February 10, 2011
Wedad Elhage and Shelley Drain were a loving lesbian couple for more than eight years in Detroit.
Meanwhile, Elhage earned her bachelor’s in criminal justice from Wayne State, and finished her master’s in law enforcement from the University of Phoenix in July, 2010. She planned to teach, reaching out to affect as many people in the classroom that she had during her years on the streets of working with kids.
Countless times, her brother and attorney recount, she saved kids from drugs, prostitution, crime and other unsavory futures with her common-sensical approach and one-on-one street savvy at deterring their focus.
Academically, she consistently tested very high on departmental exams, and was one of the top 15 people out of a group of 300 there, she says.
“The department was very segregated when I first started in 1987,” she said. “People were grouped by gender and color — black male officers here, white ones there, black female officers here, white ones there. And here I came along — Lebanese-American, female, gay — where did I even begin to fit in? I’ll tell you how: I treated everyone with respect, colleagues and people on the street, and I earned respect that way. I worked hard, became educated, gradually made headway, moved up through the ranks, and eventually became a sergeant.”
There were rough patches, too, and the equality-minded Elhage was outspoken, sometimes to her own detriment — especially during political regimes in the police department. She says she was disgusted by the number of political appointees predominant, leftovers of previous mayoral staffs, some too lazy to even do the job but who gained and advanced because of who they knew, not what.
Especially put off by the controversial Former Police Chief Jerry Oliver, who she accuses of not respecting officers properly or being fair in his treatment of them, she blew up one day on the job, and leveled a racial epithet at him.
“It was not right to have said what I did, but at the time, I was just fed up with the environment and him,” she said. “Also, I was having some medical problems and was not myself to have acted that unprofessionally.”
Elhage, who was born without ovaries, was suffering from a hormone imbalance. The medical prescription of supplemental estrogen threw her body into a type of toxic state, and helped to induce deep depressions. It was not a good time for her, she says quietly.
The Oliver incident resulted in a rank demotion, followed by mandatory therapy and some rather pointed tracking that is apparent in the minutes of the Police Board of Commissioners meetings. There is a clear effort to label her in those reports, but there does not seem to be a provision for her to have sufficient input in her own case.
Reverberations and miscues followed and at the time of her incarceration, she was assigned to the uniform department.
Still, the girl who recognized that she was gay when she was about 14 was finally coming to grips with her sexuality.
“I had always been a tomboy,” Elhage said, with a laugh. “I began to realize that when I was more interested in the girls on the beach than the boys.”
She was good in sports, particularly distance running, and she focused on becoming a cop early on. It was all she ever wanted to do.
Outraged Citizens Alert: Gay Policewoman Jailed on YOUR Tax Dollars (Part 5 of 5)
Wendy Clem
Detroit City Buzz Examiner
February 10, 2011
Over her years in the Detroit Police Department, the Don’t Ask, Don’t Tell adage was beginning to wane for Elhage, and it seemed that her personal life was coming together, too. She thought she found the love of her life in Drain, and their acceptance by family and friends was further proof that they were to belong together. That was no small feat, given that she came from a Muslim family with traditional values, but even her religious conversion to Christianity was accepted by the Elhage family, she says.
Her brother echoes that assertion.
“Our family is a combination of people — a real blend,” he said. “Some of us are Muslim, some are Christian, we are straight, yet we still love our gay sister; some of us are tall and some are very short. But we are a family; we love one another, no matter what. We support each other, and those are the values my sister was raised with — that is why she risked everything to be there for Shelley.”
Wedad Elhage maintains that she still loves Drain. She tears up when she speaks about her, and her worry for Drain is evident, even more so than for her own safety and future.
“Her dad’s approval is key,” she said, in an attempt to explain the seemingly inexplicable. “It means everything to her.”
Two weeks ago, Elhage submitted her resignation from the force. Busse expands on that decision by saying that she stands to lose her pension if the trial goes badly. She is, understandably, afraid of losing all that she worked, and served nobly for, for so many years.
So, Detroit loses a caring and competent officer for — what, exactly?
I thought about trying to reach Judge Drain and his daughter, Shelley, or Kym Worthy — who I have always highly respected — for comments on this article, but then I asked myself: Hasn’t their side already BEEN told? It resounds, surely, in the unending suspensions without pay of Elhage, the jailing, the stupendous bond, the utter harassment of a woman who never harmed anyone but herself by loving someone.
I really don’t think I need another opinion here, and I have researched this and certainly formed my own. It comes down to this: Since when does someone who DRIVES DOWN A STREET lose their job, career and all but their life — all because other people refuse to accept certain sexual orientation?
This is the highest outrage, and we, as citizens, need to stand up and be counted in this case. After all, this is how YOUR tax dollars are being spent!
Although Busse tactfully offers, “The people involved did the best to discharge their jobs accordingly,” he is being WAY too fair to people who have been on a witch hunt unequalled in modern times.
And, Elhage has had far more distance running in this race than she ever ran in school.
Stay tuned for more; I plan to follow up.
And you should, too.
Kilpatrick, Beatty, others to testify about missing e-mails in Greene case
Detroit News
February 14, 2011
Detroit - Ex-Detroit Mayor Kwame Kilpatrick, his former mistress and several current and former city officials are expected to testify during a hearing next month in a civil lawsuit filed by the family of slain exotic dancer Tamara "Strawberry" Greene, a federal judge decided today.
Greene family lawyer Norman Yatooma is trying to prove whether Kilpatrick or the city intentionally destroyed e-mails that could shed light on the woman's unsolved killing.
U.S. Magistrate Judge R. Steven Whalen set a March 7 evidentiary hearing to determine if e-mails were intentionally destroyed and to decide whether Yatooma can hire an expert to examine computer hard drives belonging to Kilpatrick and the city. The hearing could stretch into a second day and feature testimony from Christine Beatty, Kilpatrick's former mistress and chief of staff, Yatooma said.
Beatty, who is living in Georgia, is expected to testify via telephone or video, Yatooma said.
Also expected to testify: former Police Chief Ella Bully-Cummings; ex-Detroit Corporation Counsel Ruth Carter, who is now a 36th District judge; two former Kilpatrick bodyguards, and John Johnson, who formerly headed the city's law department.
"We obviously don't trust them as far as we can throw them," Yatooma said outside court today.
Kilpatrick lawyer James C. Thomas could not be reached immediately for comment today. Krystal Crittendon, head of the city's law department, declined comment today.
Yatooma has accused city lawyers of failing to turn over computer hard drives and thumb drives containing files belonging to Kilpatrick. Yatooma is trying to determine whether there's any evidence that the former mayor or the city obstructed the investigation into Greene's unsolved death.
Greene family lawyers are trying to find e-mails received and sent by Kilpatrick and others from September 2002 through June 2003.
The woman, who allegedly danced at a rumored but never proven party at the Manoogian Mansion, was killed in an unsolved drive-by shooting in 2003.
The city and Thomas have asked Chief U.S. District Judge Gerald E. Rosen to dismiss the lawsuit.
Kilpatrick was indicted by a federal grand jury in December, accused of orchestrating a racketeering scheme involving Detroit Water and Sewerage Department contracts.
Watch out for Cox's "Protective Oders" as free speech stinks in Detroit
Detroit Examiner
February 15, 2011
Remember Wedad Elhage, the suspended lesbian policewoman who has sat in a Detroit jail cell since December 3 awaiting trial? I wrote about her case last week. About how her $500,000 bond was remanded after she answered an admitted set-up phone call from her ex-lover’s new boyfriend, then was prosecuted for violating terms of the “aggravated stalking case” she is being tried on.
Well, a week has passed since my jailhouse interview with her and several days since my 5-part column appeared on Examiner with my assessment of the whole debacle. As part of my commentary, I indicated the all-out stops that have been used to nail Elhage because she refused to take money to “go away” that she and her family say was offered by the father of her ex-lover, Assistant Prosecutor Shelley Drain. Although other media have allegedly interviewed Elhage and/or her defense attorney, Charles Busse, their stories have been canned while awaiting comment from the “other side” — Drain, her father Judge Gershwin Drain and Shelley Drain’s boss, Wayne County Prosecutor Kym Worthy.
It has been made apparent to me by other media even casting a casual glance toward this story that their efforts to tell it like a typical news story will be stymied by the delays of the Drains to submit any comment. As for me, I said in my column that I really didn’t care about their “input.” Their prints are obviously all over the case’s paperwork, so their story has more than been told, over and over.
It boils down to this: “Lock up Wedad Elhage and throw away the key.”
The one voice of reason in the case was the action of Plymouth District Judge Mike Gerou. Once he was actually made aware of the conflict of interest that the complainant’s own OFFICE was serving as the prosecution in the case, he removed this train wreck in “justice” since Day One. Judge Gerou was the only voice of reason, and summoned help from the state.
Of course, as my original column revealed, that didn’t stop the Wayne County’s head prosecutor from further intervening and violating THAT court order, based on some purported death threats made by the defendant. Elhage, however, says it was the complainant’s boyfriend, who has a felonious record himself, and made the death threats to her.
Well, the kangaroo court is still at work, it appears. And, it’s wearing boxing gloves.
Today, Busse received a late-hour “protective oder” (sic) from the state-assigned Prosecutor Michael King. It says that it is intended “to preclude comment to media” on this case as of 10:30 tomorrow morning.
God forbid, apparently, that anyone speak up on a jail inmate’s behalf and tell the world that she was a much-decorated police officer, or anything else resembling her side of the story, which does not appear in the Police Board of Commissioners meeting records either. And those records cite other official records, and do not mention any harm caused by Elhage nor any actual damages proven to be her doing.
Tomorrow morning, in the courtroom of Judge Daniel Hathaway, a hearing will go forth to further gag Busse, Elhage and “all trial participants” from speaking to media. In particular, what the documentation has to say is this:
It names me by name, with reference to my column, saying that it:
* Portrays the complainant, her father and the criminal justice system in a negative light.
* Uses five photographs of the lesbian couple.
* Quotes the defense attorney and a member of the defendant’s family.
* Uses this information as intimidation and can be construed as violating the Crime Victim’s Rights Act.
* Trial courts have “an affirmative constitutional duty to mitigate the potential for prejudicial pretrial publicity.”
It says I am “disingenuous.” Well, scholars, that would also mean I am not candid, frank or sincere. And, you surely can’t say THAT about ME. So, get out your thesaurus again. The one without the sticky pages.
And, here’s the best part. The paperwork states “Now here comes the People of the State of Michigan, by their attorneys, Michael Cox, Attorney General…” and blah, blah, blah.
REALLY? Mike Cox is still attorney general? And, the trial participants are being served with “a protective oder?”(sic)
Now, lest I be arrested for tongue-in-cheek stalking of the attorney general’s orifice — er — OFFICE, I see this as having the same rush to judgment so egregiously used throughout this case. They were in such a big hurry that they not only forgot how to spell, but they also don’t remember who the attorney general is? Wasn’t Cox unseated even before November’s election, all the way back to the primary last year? Isn’t our current attorney general Bill Shuette? His name is on the office, right?
And, isn’t this the most ridiculous FURTHER waste of YOUR TAX DOLLARS??
Listen, I have BEEN a Crime Victim, so don’t tell me what our law does to protect or even accurately try actual guilty defendants. That legislation, which was also in effect when I was a victim, is just as muddled now as it was years ago. It is the biggest 6-martini-lunch mess of Lansing paperwork destined for a cat litter box ever encountered. Not impressed, as any crime victim in Michigan will TELL you.
And there is nothing even remotely in my columns that will factor negatively in this case except for the truth.
“Protective oder,” (sic) indeed. Your Freudian slip is showing and it’s closer to the truth than this “documentation” is.
Lawyer in Greene lawsuit asks to expand city's e-mail search
Detroit News
February 25, 2011
Detroit- A lawyer representing the family of slain exotic dancer Tamara "Strawberry" Greene wants to expand a search of the city of Detroit's e-mail system for clues that could show whether ex-Mayor Kwame Kilpatrick or others obstructed an investigation into her unsolved death.
Greene family lawyer Kirkland Garey filed a request Thursday in U.S. District Court in Detroit asking to perform keyword searches of e-mails belonging to every city employee. He wants a federal judge to allow a search of e-mail accounts belonging to Kilpatrick, former Police Chief Ella Bully-Cummings and Christine Beatty, the ex-mayor's mistress and former chief of staff.
A similar request was rejected last year because it was considered overly broad and excessively burdensome. But Garey is trying again because a Detroit computer employee's testimony in December contradicted the city's earlier claim that keyword searches were impossible.
Krystal Crittendon, head of the city's Law Department, could not be reached immediately for comment. The city wants the case dismissed.
The request comes less than two weeks before a March 7 hearing at which Kilpatrick, Beatty and other current and former city officials are expected to testify in the civil case.
Garey also wants permission to question Kilpatrick and others at the hearing about city e-mails from Sept. 1, 2002, to present. U.S. Magistrate Judge R. Steven Whalen has limited the questioning to the period from Aug. 1, 2002, to June 30, 2003.
Greene, who allegedly danced at a rumored but never proven party at the Manoogian Mansion, was killed in an unsolved drive-by shooting in 2003.
Among other things, Garey wants to search emails for references to a Manoogian party and communications between former Attorney General Mike Cox and ex-Detroit Corporation Counsel Ruth Carter, who is now a judge in 36th District Court.
Kilpatrick lawyer asks judge to reject latest e-mail request in slain dancer case
Detroit News
March 3, 2011
Detroit - Former Mayor Kwame Kilpatrick wants a judge to reject a request by lawyers representing the family of slain exotic dancer Tamara "Strawberry" Greene to expand a search of the city's e-mail system.
Kilpatrick lawyer James C. Thomas filed a response today in U.S. District Court in Detroit objecting to the request. Greene family lawyers are hunting for clues that could show whether Kilpatrick or others obstructed an investigation into the woman's unsolved death.
"It is becoming increasingly apparent that plaintiffs feel that they are entitled to a litmitless fishing expedition in furtherance of their conspiracy theories," Thomas wrote. "There is no conspiracy."
The response comes a week after Greene family lawyer Kirkland Garey asked a federal judge for permission to perform keyword searches of e-mails belonging to every city employee.
He wants a federal judge to allow a search of e-mail accounts belonging to Kilpatrick, former Police Chief Ella Bully-Cummings and Christine Beatty, the ex-mayor's mistress and former chief of staff.
A similar request was rejected last year because it was considered overly broad and excessively burdensome.
Garey is trying again because a Detroit computer employee's testimony in December contradicted the city's earlier claim that keyword searches were impossible.
Kilpatrick is scheduled to testify during a hearing Monday in U.S. District Court in Detroit along with Beatty and other current and former city officials.
Garey also wants permission to question Kilpatrick and others at the hearing about city e-mails from Sept. 1, 2002, to present. U.S. Magistrate Judge R. Steven Whalen has limited the questioning to the period from Aug. 1, 2002, to June 30, 2003.
Greene, who allegedly danced at a rumored but never proven party at the Manoogian Mansion, was killed in an unsolved drive-by shooting in 2003.
The city and Kilpatrick have asked a federal judge to dismiss the case.
Former Detroit Mayor Kwame Kilpatrick testifies in federal court about slain stripper Tamara Greene
iDetroitOnline
Mar 7, 2011
Kilpatrick testifies in the Tamara Greene case
WXYZ-TV Detroit
Mar 7, 2011
Kilpatrick: "[W]e never discussed Tamara Greene."
Detroit Examiner
March 7, 2011
Greene family attorney Carl Yatooma spent just over two hours examining Kwame Kilpatrick, but could not get him to admit that he had an exchange of emails or a verbal conversation with anyone about Tamara Greene or the investigation into her death.
He also denied knowledge of any systematic attempt to expunge emails or destroy other evidence in the Greene civil action, which he called "frivolous."
Kilpatrick and other former city officials were called to testify at an evidentiary hearing before US Magistrate R. Steven Whalen in an effort to iron out issues relating to discovery and production of evidence in Greene v Detroit and Kwame Kilpatrick, a civil action claiming the defendants purposefully interfered with the DPD investigation into the April 30, 2003 murder of Tamara Greene.
Kilpatrick's proclivity for denying knowledge of court orders affecting him brought a moment of amusement to the proceedings. At one point, Kilpatrick claimed he could not remember a March 2008 order by Judge Gerald Rosen ordering parties to preserve evidence in this case; he later testified that he followed it.
Yatooma caught on to that one quickly: "You're saying you completely complied with an order you didn't know about?"
Other hearing highlights:
* Ruth Carter, head of the legal department during Kilpatrick's tenure, testified that she never destroyed any emails about Greene or the murder investigation, but never told Kilpatrick that he should save them.
* Carter's successor, John Johnson, denied knowledge of any emails being destroyed following Judge Rosen's order. He did testify that all Kilpatrick and Christine Beatty emails and electronic records were expunged at the end of Kilpatrick's first mayoral term.
The hearing will be continued on Wednesday.
Kilpatrick, other former officials, to testify at Greene case hearing
Detroit Examiner
March 7, 2011
Kwame Kilpatrick will be among former city officials to testify at an evidentiary hearing in Greene v Detroit and Kwame Kilpatrick this morning. The hearing will explore what happened to emails written by Kilpatrick and others between August 2002 and June 2003.
The broader positions of the parties to the case are simple. Detroit and Kilpatrick want the lawsuit dismissed for lack of evidence. Greene family lawyer Norman Yatooma claims that any evidentiary holes in his case are the result of the defendants' failure to produce evidence, or intentionally destroying it. He wants US District Judge Gerald Rosen to sanction the defendants by imposing a default judgment against them, which would give the Greene family a win, leaving only the issue of damages to be determined.
Today's hearing, scheduled to begin at 9:30 AM, will be presided over by Magistrate R. Steven Whalen, who helps the judge manage disputes about discovery and evidence. It resulted from a request Yatooma filed about two weeks ago, seeking to expand his request to discover city official emails back to the ten month period from August 2002 through June 2003, which would include the times in which the rumored Manoogian party and subsequent shooting of Tamara Greene took place.
Yatooma will have a chance today to question the former city officials about the fate of those emails. The officials to take the stand this morning are Kwame Kilpatrick, his former Chief of Staff and paramour Christine Beatty, ex-DPD Chief Ella Bully-Cummings, former Detroit Law Department directors Ruth Carter and John Johnson, and former Kilpatrick bodyguards Mike Martin and Greg (Lorenzo) Jones.
Kilpatrick's testimony will contain few if any surprises. He is already on record in an affidavit that he typically did not save his emails, and according to city lawyer John Schapka, the city has no Kilpatrick emails written before July 2003 because the city computer automatically expunges emails not saved by the user after a certain period of time.
Yatooma believes Kilpatrick and other officials should have saved the requested emails on learning of Attorney General Mike Cox's investigation of the Manoogian party.
The defendant's have issued inconsistent statements about what became of Kilpatrick's office computer. The city said it was junked while Kilpatrick claims it was given to interim mayor Ken Cockrel Jr. Cockrel denies seeing the computer.
Yatooma has also requested that he be allowed to have a computer expert examine the city system, to see if recovery of older emails is possible. Magistrate Whalen will take up that issue at a later date.
Kilpatrick denies muzzling Greene probe, calls suit 'frivolous' in testimony
Detroit News
March 7, 2011
Detroit - Former Detroit Mayor Kwame Kilpatrick discounted years of accusations that his administration scuttled the Tamara Greene investigation, saying he never talked about or had e-mail discussions about her murder.
"Unequivocally, we never discussed Tamara Greene," Kilpatrick said.
Near the end of his more than two hours on the stand today in U.S. District Court in Detroit, Kilpatrick called the civil lawsuit against the city, brought by the Greene family, "frivolous."
"You did a good job stretching it out this long," Kilpatrick told Greene family lawyer Norman Yatooma.
Yatooma has pursued the case since 2005, claiming the former mayor and city obstructed an investigation into the woman's unsolved death.
The hearing will continue at 9 a.m. Wednesday and feature testimony from ex-Detroit Police Chief Ella Bully-Cummings and two former Kilpatrick bodyguards.
Kilpatrick also testified today he did not remember a federal judge ordering the city to preserve e-mails and other evidence in 2008 relating to the unsolved death of Greene, an exotic dancer.
The disclosure by Kilpatrick about Chief U.S. District Judge Gerald E. Rosen's March 2008 order to preserve evidence emerged today while Kilpatrick testified at the hearing. It was the first time the former mayor has publicly answered questions under oath in the long-running case.
"I don't think I was violating any federal court order in pushing 'delete' on an e-mail," Kilpatrick said this afternoon in response to Yatooma. "I don't think you do, either."
Yatooma responded: "No, I do."
Yatooma was trying to prove whether Kilpatrick or the city intentionally destroyed e-mails that could shed light on Greene's death. Greene allegedly performed at a rumored Manoogian Mansion party in the fall of 2002 and was killed in April 2003.
Under only five minutes of cross-examination by city attorney John Schapka, Kilpatrick said "no" when asked if heintentionally deleted any e-mails after the court entered its preservation order. He also said he never sent or received e-mails referring to Greene or the homicide investigation.
Kilpatrick also told the judge his primary means of communication while he was mayor was text messaging.
At the conclusion of nearly two hours of questioning, Kilpatrick said, "I thought it (this lawsuit) was frivolous then and even more so now."
'I'm not a computer guy'
Kilpatrick, dressed today in a light-blue dress shirt and a gray and yellow tie, appeared comfortable warding off potentially difficult questions. The former mayor, whose public career was derailed by text messages exchanged with former chief of staff Christine Beatty, also admitted to being an unsophisticated computer user unfamiliar with creating subfolders for his e-mail or using his city-issued laptop.
"I'm not a computer guy," Kilpatrick said.
Throughout the hearing, Yatooma clashed with Kilpatrick's attorneys and U.S. Magistrate Judge R. Steven Whalen. In one exchange, Yatooma tried to bring up the whistle-blower case involving former police officer Gary Brown, who was part of a lawsuit that won $8.4 million from the city.
Brown, now a Detroit councilman, was fired along with another officer in 2003 for investigating mayoral misdeeds. Yatooma wanted to raise questions about whether Kilpatrick preserved e-mails after Brown filed suit.
But Whalen repeatedly stopped Yatooma, saying "you're testifying" and said he could not bring up the Brown lawsuit.
"You know the parameters of my ruling, stay away from Gary Brown," Whalen said.
Yatooma spent considerable time questioning Kilpatrick about his e-mail account and whether evidence was preserved.
"If (the preservation order) included me, I completely complied," Kilpatrick said, laughing.
Yatooma replied: "You're saying you completely complied with an order that you didn't know about?"
Kilpatrick also said he has no idea what happened to the hard drive from his office computer after he resigned. He testified leaving it behind for his successor, then-interim Mayor Kenneth Cockrel Jr.
"I didn't put it in his hand," Kilpatrick said. "The computer was there when I left."
Kilpatrick called his office desktop computer "old school," because it had been used by former Mayor Dennis Archer. Kilpatrick was elected to replace Archer in 2001.
Yatooma has accused city lawyers before of failing to turn over computer hard drives and thumb drives containing files belonging to Kilpatrick he believes could be connected to the case.
Whalen this morning also rejected an attempt to question Kilpatrick and others about city e-mails exchanged over a broader period of time.
The ruling by Whalen preceded plodding testimony by the former mayor, who was transported to federal court in Detroit from a prison in Milan.
Yatooma wanted to question Kilpatrick about e-mails from Sept. 1, 2002, to the present. Whalen ruled the questions have to be limited to the period from Aug. 1, 2002, to June 30, 2003. Questioning began without acrimony, but Kilpatrick's lawyer, James Thomas, soon objected to Yatooma's repeated questioning about the computer.
The judge's response was to warn Yatooma with: "You've beaten this horse to death."
The hearing was held today in U.S. District Judge Bernard A. Friedman's larger courtroom to accommodate the media.
It is the start of a busy and possibly contentious week for Kilpatrick, who will also be deposed Wednesday inside the federal prison in Milan by lawyers representing SkyTel, the city's former text message provider.
Ex-city attorneys testify
Following Kilpatrick's testimony, Yatooma began questioning 36th District Judge Ruth Carter. Carter was a former top city attorney during the Kilpatrick era.
Carter also said she never destroyed e-mails about Greene or the homicide probe.
Carter told Yatooma while she was head of the city's law department she never told Kilpatrick to save e-mails or any evidence related to the lawsuit.
"I didn't do it. No," she said.
Carter's successor, John Johnson, followed, saying he, too, wasn't aware of e-mails being purged despite a judge's order.
Yatooma asked Johnson if there was a "systematic effort" to destroy evidence that would hurt Kilpatrick.
"Not to my knowledge," Johnson said.
Johnson, did say, however, all of Beatty's and Kilpatrick's e-mails and electronic records were purged at the end of Kilpatrick's first term in office. Johnson discovered this while looking for e-mails after getting a subpoena from Wayne County Prosecutor Kym Worthy.
Then-Deputy Human Resources Director Patricia Peoples, Kilpatrick's cousin, informed Johnson, he said.
Ex-Detroit Mayor Kwame Kilpatrick returning to stand in slain stripper lawsuit
MLive
Mar 7, 2011
A judge has reserved a larger courtroom for a hearing to explore what happened to certain e-mail belonging to former Detroit Mayor Kwame Kilpatrick.
Kilpatrick is expected to testify Monday in federal court, along with his former chief of staff and mistress, former city lawyers and Detroit's ex-police chief.
Kilpatrick and the city are being sued by the family of Tamara Greene, a stripper who was killed in a drive-by shooting in 2003. The family claims Kilpatrick squelched the murder investigation, although he denies it.
Greene family lawyers believe the former mayor's e-mail may provide clues. Kilpatrick is in prison for violating probation in a criminal case that forced him out of office in 2008. He's also awaiting trial on federal tax and fraud charges.
Former Detroit Mayor Kwame Kilpatrick on missing e-mail: 'I'm not a computer guy'
MLive
Mar 07, 2011
Former Detroit Mayor Kwame Kilpatrick told a federal court Monday that he is not tech-savvy and would not know how to purge e-mails from the city's server, countering suggestions that he deliberately deleted evidence that could prove he hindered an investigation into a stripper's murder.
Kilpatrick and the city are being sued by the family of Tamara Greene who was killed in a drive-by shooting in 2003. The family claims he obstructed the murder probe because she danced for him at a party months earlier. He denies that accusation, says there was no party and calls the case "frivolous."
Wearing a business shirt and tie, Kilpatrick was transported from prison to answer questions about what may have happened to e-mail written and received in 2002 and 2003. Greene family lawyers believe his e-mail may provide clues, but the hard drive is missing and city staff have said e-mail that old wasn't backed up.
Kilpatrick said he couldn't recall how many e-mails he would send or receive each day, but he denied ever writing or receiving any that involved Greene's death. He said he had three computers when he was mayor, from 2002 to fall 2008, but typically used only his City Hall computer.
"Unfortunately I'm not a computer guy. I rarely did computer work at all at home," Kilpatrick said.
He said the mail in his inbox ranged from "'Happy birthday' to 'We need to cut grass at X park,' and everything in between."
As he questioned Kilpatrick, lawyer Norman Yatooma was repeatedly reined in by U.S. Magistrate Judge R. Steven Whalen, who stopped him from asking about a confidential FBI report and limited the inquiry to e-mail from 2002 and 2003.
"What you're doing with your questioning, you're testifying. ... I don't want speeches," Whalen told Yatooma at one point.t
Kilpatrick, 40, is in prison for violating probation in a state criminal case that forced him out of office. He's also awaiting trial on federal tax and fraud charges.
The city and Kilpatrick are asking that the Greene family's lawsuit be dismissed. No one has been charged in Greene's death, but the city has said her killer is in prison in an unrelated case.
Kilpatrick: No e-mail on stripper
Detroit News
March 8, 2011
Detroit - Former Mayor Kwame Kilpatrick was emphatic Monday that he never exchanged e-mail with anyone regarding the murdered stripper who allegedly danced at a long-rumored party at the Manoogian Mansion.
Kilpatrick, testifying publicly under oath for the first time in the 6-year-old Tamara "Strawberry" Greene case, said in federal court that the lawsuit was a low priority for him.
His testimony was the first public sighting of Kilpatrick since the disgraced mayor was arraigned in January on racketeering conspiracy and other charges.
"I thought it (this lawsuit) was frivolous then and even more so now," Kilpatrick told Greene family attorney Norman Yatooma. "You did a good job stretching it out this long."
Yatooma is trying to prove whether Kilpatrick or the city intentionally destroyed e-mail that could shed light on Greene's death. It's one aspect of a broader lawsuit, filed in 2005, accusing the former mayor and city of obstructing an investigation into the woman's unsolved death.
The lawsuit, perhaps the least of Kilpatrick's legal concerns, is proceeding while the former Detroit mayor awaits trial on criminal charges that could send him to prison for decades. The Greene family suit seeks $150 million.
During more than two hours of testimony, Kilpatrick portrayed himself as a technological rube who paid little notice to the Greene family lawsuit, which has continually dogged his administration and personal life.
The hearing drew a noticeably smaller crowd than Kilpatrick's previous court appearances. U.S. Magistrate Judge R. Steven Whalen had moved the session to a larger courtroom but only a dozen people, mostly media and two sketch artists, showed up.
Kilpatrick had traded in his prison uniform for a light-blue dress shirt and a gray and yellow tie.
Two former city officials also testified Monday there were no instructions to preserve city e-mail belonging to the former mayor and others â€" despite a federal judge ordering the preservation of evidence.
Kilpatrick attorney James C. Thomas said that's far from proving willful and intentional destruction of evidence. Thomas spoke with reporters after the hearing during which Yatooma tried to prove evidence was intentionally destroyed.
"He's got a pretty high burden," Thomas said. "He's falling far short but the hearing's not over."
The hearing will continue at 9 a.m. Wednesday and feature testimony from ex-Detroit Police Chief Ella Bully-Cummings and two former Kilpatrick bodyguards.
Suit raises accusations
Greene allegedly performed at a rumored Manoogian Mansion party in fall 2002 and was killed in April 2003.
The civil lawsuit has raised a host of accusations, including one that former first lady Carlita Kilpatrick attacked Greene with a two-by-four at the never-proven Manoogian party.
The case also revealed the mysterious disappearance of Kilpatrick's former desktop office computer. Kilpatrick says he left it for his successor, Kenneth Cockrel Jr., who claims he never saw it.
Outside court Monday, Thomas, the Kilpatrick lawyer, said Cockrel was mistaken. Cockrel gave the FBI access to the computer's hard drive about three months after Kilpatrick resigned in September 2008, Thomas told reporters.
Inside court, Kilpatrick sought to dismiss allegations his administration worked to scuttle the investigation into Greene's death to protect his own indiscretions.
"Unequivocally, we never discussed Tamara Greene," he said.
After the hearing, Yatooma called Kilpatrick a "seasoned liar."
"You don't come in with this kind of lineup expecting, well, the truth," Yatooma told reporters.
"You hope and pray for it, but can't reasonably expect it."
Officials unaware of policy
The hearing also featured testimony from 36th District Judge Ruth Carter and John Johnson, who both served as the city's top attorney at times during the Kilpatrick administration.
During their testimony, neither seemed to know the city's policy regarding preservation of electronic records. And neither said they had asked city workers to keep records once they were named in a lawsuit.
Earlier, Kilpatrick testified he did not remember a federal judge ordering the city to preserve e-mail and other evidence in 2008.
In five minutes of cross-examination by city attorney John Schapka, Kilpatrick said "no" when asked if he's intentionally deleted any e-mail after a judge ordered evidence be preserved.
Kilpatrick also said he never sent or received e-mail referring to Greene or the homicide investigation.
Yatooma spent considerable time questioning Kilpatrick about his e-mail account and whether evidence was preserved.
"If (the preservation order) included me, I completely complied," Kilpatrick said, laughing.
Kilpatrick is still a son of privilege
Detroit News
March 8, 2011
He is thinner now, looking healthier and more trim than he ever did as mayor. Without the physical bulk, winks to the courtroom, or overt displays of bravado, Kwame Kilpatrick testified Monday in U.S. District Court as an everyman overwhelmed by newfangled technology in his office and home.
But even this smaller and quieter ex-mayor " in shirt-sleeves and tie, no jacket" oozed traces of entitlement: the sense of specialness that enables him to shrug off city legal policies as trivial, and the lawsuit in which he is testifying as "frivolous."
He was being questioned by lawyer Norman Yatooma in a hearing to find out what happened to Kilpatrick's e-mails and, perhaps, to Tamara Greene the stripper who was killed in 2003, a year after the fabled Manoogian Mansion party that remains legend, not fact. Greene, it is claimed, danced at the party as "Strawberry."
In this case, the paper trail is likely electronic, and Yatooma is still on the hunt. The e-mails, though, are missing. Kilpatrick dodged most of the questions regarding his e-mail habits through a succession of "I don't know" or "I'm not sure" answers.
"Unfortunately, I'm not a computer guy," Kilpatrick testified, his voice mostly even and calm, explaining why he rarely used his home computer, and never touched his city-issued Toshiba laptop.
"I don't preserve (e-mails). I don't back up."
He also said he couldn't save an e-mail to a floppy disk or a folder or a CD. He wore his tech ignorance as a badge of privilege, like a movie star who doesn't carry cash, or an affluent homemaker who doesn't do floors.
The subject of the hearing in the wrongful death lawsuit was supposed to be confined to missing e-mails. But Kilpatrick looms large even when he's trying to play small, and he proved better at communicating a powerful sense of self than at supplying concrete information about e-mails that may or may not have existed.
This is the man whose mother, then a congresswoman, reminded him in a text message of his specialness: "You are chosen," she wrote.
On the stand, asked whether his behavior changed after the Greene lawsuit was filed in 2005, Kilpatrick described the suit as "frivolous" and said, "It wasn't one of the things that would have been high" on his priority list.
"It never was important to anything that we did in our world," he added.
Yatooma, in a blazing red tie and puffy pocket scarf of red silk, did not blanche.
Kilpatrick's testimony suggested that policies and laws governing evidence didn't rank high in his mind, at any time. He repeatedly said that he believed the city's legal and information technology departments were responsible for complying with those laws.
Yatooma questioned the former mayor about how and when he deleted, or caused to delete, or convinced others to delete his e-mails after taking office. Kilpatrick acknowledged no routines about his usage or deletion habits. At the noon break, Kilpatrick told his lawyer, James C. Thomas, "They gave me 70 dead horses, and I beat all of them."
He displayed affection for "personal e-mails," from children and family members. Work e-mails he described with marked disdain. Like the
Greene lawsuit itself, he couldn't quite be bothered even thinking about them, or remembering if he got one or a hundred of them a day.
Those who know him â€" and who ranked high enough, one may infer â€" knew to reach him by text-pager. "I didn't do e-mails," he said. Everyone knew that "if you want to get to me, you have to go through the text pager."
Kwame Kilpatrick's world is its own universe, with rules known and understood by the initiated, those chosen by him. Even as he tried to say nothing, he told the rest of us that much.
Chief Ella Bully-Cummings testifies
WXYZ-TV Detroit
Mar 9, 2011
Kilpatrick Calls Greene Investigation 'Frivolous'
Ex-Detroit Mayor Kwame Kilpatrick Being Sued By Family Of Tamara Greene
Click On Detroit
March 9, 2011
DETROIT – Former Detroit Mayor Kwame Kilpatrick called the investigation into slain exotic dancer Tamara Greene's death frivolous on Monday while testifying in federal court.
On Monday, he said that he became aware of the investigation into her death in early 2006.
I thought it was frivolous then, and even more so now, Kilpatrick said.
Greene was killed in a drive-by shooting in 2003. It was rumored that she danced at a never-proven party at the Manoogian Mansion that was thrown by then-mayor Kilpatrick in 2002.
Her family has filed a lawsuit against the city claiming Kilpatrick and other high-ranking city officials thwarted the investigation into her death.
At the center of testimony by Kilpatrick Monday was the whereabouts of a series of e-mails from 2002-2003. The family's attorney, Norman Yatooma, said the city has repeatedly withheld records in the case and that evidence related to the case has been intentionally destroyed, specifically e-mails sent between officials on city-owned computers.
Kilpatrick is among the people who have been ordered to testify about the case. Others include his former chief of staff, Christine Beatty, and former Detroit Police Chief Ella Bully-Cummings.
During his three hours of testimony, Kilpatrick said he could not remember or recall deleting specific emails. He admitted he had deleted e-mails after they were read, but not on purpose to cover up any wrongdoing. He also said he never told anyone in his office to delete e-mails.
Then during the last five minutes of testimony, he said the following about the Greene investigation and his e-mails.
Absolutely, unequivocally, no. There has never been any communication about Tamara Greene or her murder investigation, he said.
He said he had three computers when he was mayor, from 2002 to fall 2008, but typically used only his City Hall computer. He said he didn't know about any computer hard drives being removed.
He said he wasn't tech-savvy enough to even know how to purge e-mails.
"Unfortunately, I'm not a computer guy. I rarely did computer work at all at home," Kilpatrick said. He said the mail in his inbox ranged from "'Happy birthday' to 'We need to cut grass at X park,' and everything in between."
"I expect Kwame to lie. It's what he knows. It's what he's good at. It's his comfort zone. So, I expected a lie. If you think about everything that Kwame Kilpatrick ever been accused of and everything you know now to be true, he lied every time, said Yatooma.
As he questioned Kilpatrick, Yatooma was repeatedly reined in by U.S. Magistrate Judge R. Steven Whalen, who stopped him from asking about a confidential FBI report and limited the inquiry to e-mail from 2002 and 2003. "What you're doing with your questioning, you're testifying. ... I don't want speeches," Whalen told Yatooma at one point.
"There was a requirement under the law for them to keep these e-mails," Yatooma said. "They should have known that these e-mails were necessary at such time that the attorney general was investigating the party. They should have known that these e-mails were relevant at such time when the chief of police wrote a letter and said keep everything on file. It's more than just curiosity."
A city lawyer has testified that the computer Kilpatrick used in his mayoral office was thrown out in 2008, while a lawyer for Kilpatrick has said the computer was left for his successor, Ken Cockrel Jr.
"The city appears to have wagered a bet that there's going to be less of a penalty to pay to destroy the evidence than it would be for them to produce it," Yatooma said. "That's why the law says that if you destroy the evidence, you can be held accountable."
Kilpatrick's attorney, Jim Thomas, said there was no cover up and it?s time to put an end to the case.
City officials deny any wrongdoing and have asked that the lawsuit be thrown out. Kilpatrick is in prison for violating probation in a criminal case. He's also under indictment on federal fraud and tax charges.
Greene lawyer: Testimony proves city e-mails destroyed on purpose
Detroit News
March 9, 2011
Detroit - Testimony given by current and former city officials proves e-mails were intentionally destroyed and the city should be penalized, said a lawyer representing the family of Tamara "Strawberry" Greene.
Greene family lawyer Norman Yatooma said three days of testimony by former Mayor Kwame Kilpatrick, ex-Police Chief Ella Bully-Cummings and others proves the e-mails were destroyed. He wants a judge to penalize Detroit by issuing a default judgment in a long-running civil lawsuit filed by the slain exotic dancer's family.
"Kwame Kilpatrick, (former top city lawyer) Ruth Carter and Ella Bully-Cummings all sent and received e-mail that was never deleted but we've got none, zero," Yatooma said.
His comments followed the conclusion of testimony in U.S. District Court in Detroit today by Bully-Cummings and two former Kilpatrick bodyguards: Mike Martin and Loronzo Jones. All three said they never intentionally destroyed e-mails about Greene or an investigation into her unsolved killing.
But Yatooma says the city has failed to turn over e-mails from the three.
Yatooma is trying to prove whether Kilpatrick or the city intentionally destroyed e-mail that could shed light on Greene's death. It's one aspect of a broader lawsuit filed in 2005 that accuses the former mayor and city of obstructing an investigation into the woman's unsolved death.
City lawyer John Schapka and Kilpatrick lawyer James C. Thomas said Yatooma has failed to prove the city willfully and intentionally destroyed e-mails.
"He still has an uphill battle," Thomas told reporters outside the courtroom.
Kilpatrick's former chief of staff and mistress, Christine Beatty, is expected to testify via phone next Wednesday.
Bully-Cummings spent almost two hours on the stand today, saying she never exchanged e-mails with Kilpatrick or Beatty about the Greene killing or homicide investigation.
At any time "did you ever intentionally destroy e-mail traffic about Tamara Greene or the investigation into her death?" Schapka asked her under oath this morning.
"No," she answered.
"At any time, did you direct someone to destroy e-mail traffic?" Schapka asked.
"Absolutely not," Bully-Cummings said.
Bully-Cummings was a top ranking officer when Greene - who is rumored to have danced at a never-proven party at the Manoogian Mansion - was killed in April 2003, and was promoted to chief in November 2003.
Yatooma pressed, many times unsuccessfully during 90 minutes of questioning, to pin down Bully-Cummings on specific details about her e-mail usage.
Repeatedly, Bully-Cummings deflected questions by responding she couldn't recall, "as I sit here today."Kilpatrick has denied the allegations and called the case "frivolous." He testified Monday that Greene's death was never a topic of conversation among high-ranking officials and not a subject of his e-mail.
"Unequivocally, we never discussed Tamara Greene," he said.
After the hearing Monday, Greene family attorney Norman Yatooma called Kilpatrick a "seasoned liar."
Greene family lawyers say they believe that e-mail that could help their case is missing.
Although Kilpatrick and Carter testified they rarely used e-mails, they did confirm on Monday that much of the electronic communication done by city officials was via text pagers. Yatooma has sought those records as well.
Former bodyguard Loronzo Jones also testified he "hardly ever" used his city-issued computer during a nine-month period in 2002-03. His job protecting Kilpatrick kept him away from the office and a computer most of the time, Jones testified.
And he was never told to preserve any evidence, particularly e-mails, related to Greene, the lawsuit or homicide investigation despite a federal judge ordering the city to do so in March 2008.
Jones and fellow bodyguard Greg Martin disputed an accusation contained in a court filing in November that both were caught on videotape attending Greene's funeral.
The Rev. Kenneth Hampton of Grace Bible Church in Detroit gave a copy of the tape to Detroit Police executives, according to the filing.
Yet the videotape and funeral registry are missing from the homicide file, Yatooma wrote in the court filing.
"Did you attend," Greene family lawyer Kirkland Garey asked Jones.
"No," Jones said.
"Absolutely not," Martin said.
Former Detroit Police Chief Ella Bully-Cummings denies purging Kwame Kilpatrick emails
MLive
Mar 9, 2011
Detroit's former police chief says she never intentionally purged e-mail related to the investigation of a slain stripper.
Ella Bully-Cummings testified Wednesday in federal court. Lawyers for the family of Tamara Greene believe missing e-mail could help their lawsuit, which claims city officials stifled the murder investigation.
Bully-Cummings says she didn't intentionally get rid of e-mail or direct anyone to do the same. She was a bit fuzzy about her overall use of e-mail. On Monday, former Mayor Kwame Kilpatrick denied writing or receiving any e-mail about the Greene case.
Greene's family believes the murder investigation was shelved because Greene may have danced at a party at the mayoral mansion in 2002, months before her fatal shooting inside a car. Kilpatrick denies any party.
Beatty denies sending, getting or deleting Greene emails
Detroit News
March 23, 2011
Detroit - Kwame Kilpatrick's former chief of staff, Christine Beatty, testified today she did not send, receive or destroy any emails about slain stripper Tamara "Strawberry" Greene, the police investigation into her death or a civil lawsuit filed by her relatives.
Beatty, who moved to Atlanta following the text-message scandal that led to her and the former mayor's ouster from public office in 2008, spent about 55 minutes testifying via teleconference in U.S. District Court in Detroit.
She followed a parade of former Kilpatrick administration officials, who have testified over the past several weeks, all of whom said they did not destroy evidence related to Greene. Greene, 27, was killed in a drive-by shooting several months after she was linked to a rumored party at the mayor's mansion in fall 2002.
"At any time did you ever intentionally destroy emails concerning Tamara Greene?" city lawyer John Schapka asked Beatty.
"No, I did not," Beatty replied.
Greene family lawyer Norman Yatooma is trying to prove whether Kilpatrick or the city intentionally destroyed email messages that could shed light on Greene's death. It's one aspect of a broader lawsuit filed in 2005 that accuses the former mayor and city of obstructing an investigation into the woman's unsolved death.
U.S. Magistrate Judge R. Steven Whalen said today he would let Yatooma question his own computer expert and two other witnesses, including Kilpatrick cousin Patricia Peoples, the city's former deputy human resources director.
Peoples told the city's former top lawyer, John Johnson, that Beatty's and Kilpatrick's emails and electronic records were purged at the end of Kilpatrick's first term in office.
Beatty sounded confident and direct under questioning by Yatooma. But the questioning was slowed by Yatooma having to frequently repeat questions to Beatty, who in many instances could not hear the question being relayed over the phone.
She was not required to testify in person and her exact location today was unclear.
Her lawyer, Jeffrey Morganroth, said she is working in administrative management and as a consultant, handling marketing and management for a company.
She works somewhere between part-time and full-time, he said.
"It pays the bills but not enough to support her family," Morganroth said outside court. "Her income level is not very high. It's a struggle financially."
After moving to Georgia, Beatty moved into a $375,000 condominium east of downtown Atlanta, according to public records.
Beatty is not paying her lawyers.
"She doesn't have the capacity to pay us," he said. "We are not going to desert her."
But the move to Atlanta has helped Beatty, he said.
"She is trying to move on with her life and put the pieces back together," Morganroth said. "She loves Detroit and wishes she was here but under the circumstances, it's better that she's not."
Ex-Detroit mayoral aide denies deleting e-mails
Morning Sun, The (Mount Pleasant - Alma, MI)
March 24, 2011
DETROIT (AP) — Ex-Detroit Mayor Kwame Kilpatrick's former chief of staff says she didn't receive or delete e-mails related to an exotic dancer whose killing has yet to be solved.
Christine Beatty testified by phone Wednesday from Atlanta during questioning in a lawsuit filed by the family of Tamara Greene.
The civil suit claims city and police officials stymied an investigation into Greene's 2003 shooting death. Greene was rumored to have performed at a never-proven 2002 party at the city's mayoral mansion.
Kilpatrick testified earlier this month that Greene's death was not the subject of e-mails in the mayor's office.
Beatty now lives in Georgia. She spent time in 2009 in the Wayne County jail as part of plea deal to perjury charges from a 2007 whistle-blowers' lawsuit trial.
Detroit Police Officer sues Detroit News and Charlie LeDuff; claims she never 'moonlights' as stripper, wasn't at alleged Manoogian party
MLive
Apr 19, 2011
A Detroit Police Officer is suing the Detroit News and former News and current Fox 2 reporter Charlie LeDuff.
Paytra Williams says two LeDuff stories from April 2010 asserted she moonlights as a stripper and danced at the long-rumored, never-proven Kwame Kilpatrick/Manoogian Mansion party.
Speaking at her attorney Marvin Barnett’s office, Williams says she did work as an exotic dancer in the early 1990s, but says she stopped dancing several years before she joined the Detroit Police Department. She added that she worked as a bank teller immediately prior to becoming a policewoman.
“I have never moonlighted as a stripper, never,” said Williams. “The last time that I danced was in 1995. I never took Tamara Greene to the hospital. I never let Tamara Greene use my insurance card. I have never worked for the Executive Protection Unit, Mayor Kilpatrick, or anyone in his administration. I have one child, not multiple children. I never worked at All-Stars Gentleman’s Club. I never danced with Tamara Greene and I don’t know Tamara Greene.”
LeDuff wrote about Williams’ alleged connection to the Manoogian rumor after she was deposed as part of the wrongful death lawsuit filed on behalf of Tamara Greene’s son. Greene, also rumored to have danced at the alleged party, was murdered in 2003.
The case was never solved.
The Detroit News stories in question are no longer available on detnews.com but they can be found in whole or in part through other websites. According to the reports, former DPD homicide detective Odell Godbold Sr. connected Williams to the party story.
At the time, LeDuff wrote that Williams was expected to deny participating in the Manoogian party during her deposition, which is sealed. However, he also wrote as fact that she did moonlight as a stripper while serving as a police officer.
Today, Williams and Barnett unequivocally denied the stripper allegation. If Williams or her attorney made those denials last year, it doesn’t appear to have made it into the News coverage.
In the lawsuit, Williams is asking for $3 million in damages. Barnett downplayed the monetary claim. He said he and his client had previously asked for and were denied a retraction. Williams also declined to say if it “was too late for sorry.”
Judge asked to exempt city lawyer from testimony in stripper lawsuit
Detroit News
May 3, 2011
Detroit - The head of the city's Law Department shouldn't have to answer questions Wednesday in a civil lawsuit filed by the family of slain stripper Tamara "Strawberry" Greene about communications she had with ex-Mayor Kwame Kilpatrick and City Council members, according to a court filing.
The filing is the latest development in the legal battle brought by Greene's family to prove whether Kilpatrick or the city intentionally destroyed emails that could shed light on the woman's unsolved killing.
City lawyer John Schapka today asked a federal judge to block Greene family lawyers from asking law department head Krystal Crittendon about communications she had with Kilpatrick, City Council members and city department heads. Communications she had while serving as the city's top lawyer and as counsel of record in the Greene case are protected by attorney-client privilege, Schapka wrote.
"To the extent such inquiries trespass into confidential communications between and her client or the client's representatives, such are privileged and not subject to disclosure," he wrote.
The request comes ahead of an evidentiary hearing Wednesday in U.S. District Court in Detroit that will feature testimony from Crittendon and Kilpatrick cousin Patricia Peoples, the city's former deputy human resources director.
Greene family lawyer Norman Yatooma wants to ask Crittendon whether she told Kilpatrick and others to preserve emails related to the case. The emails should have been preserved after the lawsuit was filed and after a federal judge issued an order requiring preservation, Yatooma said.
"She doesn't want to talk about that? That's unfortunate," Yatooma said in an interview today. "We're not calling her to talk about recipes."
According to earlier testimony, Peoples allegedly told the city's former top lawyer, John Johnson, that emails and electronic records belonging to Kilpatrick and his former chief of staff/mistress Christine Beatty were purged at the end of Kilpatrick's first term in office.
The e-mail probe is one aspect of a broader lawsuit filed in 2005 that accuses the former mayor and city of obstructing an investigation into the woman's unsolved death.
Greene family lawyers are trying to find e-mails received and sent by Kilpatrick and others from September 2002 through June 2003.
The woman, who allegedly danced at a rumored but never proven party at the Manoogian Mansion, was killed in an unsolved drive-by shooting in 2003.
The city and Kilpatrick lawyer James Thomas have asked Chief U.S. District Judge Gerald E. Rosen to dismiss the lawsuit.
Detroit asks judge to bar certain questions in slain stripper case
Detroit News
May 4, 2011
Detroit - The city's top lawyer shouldn't have to answer certain questions during a hearing today in a civil lawsuit filed by the family of slain stripper Tamara "Strawberry" Greene, according to a court filing.
City lawyer John Schapka on Tuesday asked a federal judge to block Greene family lawyers from asking Law Department Director Krystal Crittendon about communications with ex-Mayor Kwame Kilpatrick, City Council members and city department heads.
Communications while serving as the city's top lawyer and as counsel of record in the Greene case are protected by attorney-client privilege, Schapka wrote.
"To the extent such inquiries trespass into confidential communications between and her client or the client's representatives, such are privileged and not subject to disclosure," he wrote.
The filing is the latest development in the legal battle brought by Greene's family to prove whether Kilpatrick or the city intentionally destroyed emails that could shed light on the woman's unsolved killing.
The request preceded an evidentiary hearing set for 9:30 a.m. in U.S. District Court in Detroit set to feature testimony from Crittendon and Kilpatrick cousin Patricia Peoples, the city's ex-deputy human resources director.
Greene family lawyer Norman Yatooma wants to ask Crittendon whether she told Kilpatrick and others to preserve emails related to the case. The emails should have been preserved after the lawsuit was filed and after a federal judge issued an order requiring preservation, Yatooma said.
"She doesn't want to talk about that? That's unfortunate," Yatooma said. "We're not calling her to talk about recipes."
According to earlier testimony from ex-Detroit lawyer John Johnson, Peoples said emails and electronic records belonging to Kilpatrick and his former chief of staff/mistress Christine Beatty were purged at the end of Kilpatrick's first term in office.
The email probe is one aspect of a broader suit filed in 2005 that accuses the ex-mayor and city of obstructing an investigation into the woman's unsolved death.
Greene family lawyers want to find emails received and sent by Kilpatrick and others from September 2002 through June 2003.
The woman, who allegedly danced at a rumored-but-never-proven party at the Manoogian Mansion, was killed in an unsolved drive-by shooting in 2003.
Kilpatrick cousin denies emails were destroyed
Detroit News
May 4, 2011
Detroit - In feisty and defiant testimony today, ex-Mayor Kwame Kilpatrick's cousin denied telling a city official that emails belonging to the mayor and Christine Beatty, Kilpatrick's mistress and chief of staff, were intentionally destroyed.
Patricia Peoples, the city's former deputy human resources director and a Kilpatrick cousin, testified during a hearing in federal court today to find out whether the city intentionally destroyed emails that could shed light on the unsolved killing of exotic dancer Tamara "Strawberry" Greene.
"I wouldn't know how to destroy an email if my life depended on it," Peoples told Greene family lawyer Norman Yatooma.
"But you know how to delete an email?" Yatooma asked.
"Yes," Peoples replied. "But that's not destroyed. Somewhere, on some (computer) server, it's there."
Her testimony contradicts earlier testimony from John Johnson, the city's former top lawyer. He said Peoples told him the emails were destroyed after Kilpatrick's first term.
"I don't know what John Johnson is talking about," Peoples testified today. "I never told John Johnson I destroyed emails."
Peoples said she told Johnson that the city destroyed a Microsoft Word document listing names of employees and their corresponding text-message numbers. When one employee left or a new one was hired and the numbers changed, the list would be updated.
"If John Johnson doesn't know the difference between a Word document and an email, then shame on him," Peoples told Yatooma.
Peoples said she learned about Johnson's testimony only recently. She replied angrily.
"I had a couple choice words for John Johnson, but I don't think you want to hear those," Peoples told Yatooma in court today.
She later told city lawyer John Schapka she never sent or received any emails relating to Greene, her death or the police department's investigation.
"Do you know anyone who did?" Schapka asked Peoples.
"No," she answered.
"Do you know of the existence of such emails?" Schapka asked her.
"No," she replied.
At one point, Yatooma asked Peoples if she destroyed the subpoena for her testimony, which was delivered by a process server.
Peoples denied ripping it up, though the process server signed an affidavit saying she did.
Yatooma asked her if the process server was lying.
"Yes, very much so," Peoples said. "To say that is absolutely ridiculous."
Peoples offered to leave the witness stand and retrieve the subpoena from her car parked outside federal court. She also offered to let Yatooma watch a video shot from a surveillance camera Peoples installed near her front porch, which would prove she didn't destroy the summons.
"You're willing to provide that?" Yatooma asked her.
"I have it," Peoples replied.
The judge ordered a 20-minute break just before 11 a.m. so she could retrieve the summons from her vehicle.
She later returned with a copy of the subpoena.
Schapka asked her to examine it and whether she saw any signs it was taped back together or glued.
"No," she said.
Peoples is the first of three people expected to testify during an evidentiary hearing today.
Law department head Krystal Crittendon and Yatooma's computer expert are expected to follow her to the witness stand today in U.S. Magistrate Judge R. Steven Whalen's courtroom.
Yatooma wants to ask Crittendon whether she told Kilpatrick and others to preserve emails related to the case. The emails should have been preserved after the lawsuit was filed and after a federal judge issued an order requiring preservation, Yatooma said.
The city is trying to block him from asking those questions, saying they are protected by attorney-client privilege.
The email probe is one aspect of a broader lawsuit filed in 2005 that accuses the former mayor and city of obstructing an investigation into Greene's unsolved death.
Greene family lawyers are trying to find emails received and sent by Kilpatrick and others from September 2002 through June 2003.
Greene, who allegedly danced at a rumored but never proven party at the Manoogian Mansion, was killed in an unsolved drive-by shooting in 2003.
The city and Kilpatrick lawyer James Thomas have asked Chief U.S. District Judge Gerald E. Rosen to dismiss the lawsuit.
Detroit's chief lawyer, Sharon McPhail ordered to keep emails in stripper suit
Detroit News
May 18, 2011
Detroit - The city's top lawyer and Sharon McPhail, the ex-councilwoman and former general counsel to Kwame Kilpatrick, were given a copy of a federal judge's order to preserve evidence related to the Tamara "Strawberry" Greene lawsuit, according to federal court records.
The disclosure was made in an affidavit filed Tuesday in U.S. District Court in Detroit, where a federal judge is trying to determine whether the city intentionally destroyed emails that could shed light on Greene's death.
She is rumored to have danced at a never-proven party at the Manoogian Mansion, the mayor's official residence.
A federal judge in March 2008 ordered the city to preserve evidence. Soon after, lawyer Mayer Morganroth, who represented Kilpatrick and the city, said he discussed the order with McPhail and John Johnson, who at the time was the city's top lawyer.
The affidavit shows the city is lying about how it handled the federal court order, Greene family lawyer Norman Yatooma said. "Not only did they ignore the order, now they've come to court and lied about it," Yatooma said.
Krystal Crittendon, head of the city's Law Department, could not be reached for comment.
Greene was killed in an unsolved drive-by shooting in 2003.
Detroit officer: I never moonlighted, never danced at Manoogian Mansion
Detroit News
May 27, 2011
Detroit - For more than eight years, Detroit Police officer Paytra Williams remained silent about whispers and accusations linking her to a racy Manoogian Mansion party and slain stripper Tamara "Strawberry" Greene.
But now she is speaking out in an effort to clear her name.
"None of it is true," Williams, 38, said in a recent interview with The Detroit News.
Williams said she never moonlighted at the never-proven Manoogian party in front of then-Mayor Kwame Kilpatrick. She denied getting into an altercation with the mayor's wife. And she said she did not know Tamara Greene.
She said the persistent gossip and reports to the contrary are hurting her family, tainting her reputation and harming her ability to advance her public safety career. Her mother has heard friends at senior gatherings whisper about the allegations. Her 14-year-old son has been taunted by other students. Williams said she has contemplated leaving the police department to escape the dogged innuendo.
"It's been stressful, very stressful â€" the backlash, the comments from individuals, strangers, co-workers," said Williams.
Her life began to change in the fall of 2002 when Williams got a phone call from a reporter who asked if she had danced at the Manoogian Mansion party and had been assaulted by then-first lady Carlita Kilpatrick.
"I had no idea what she was talking about," Williams told The Detroit News in an interview earlier this month.
Williams maintained a public silence about the matter until last month when she gave her first newspaper interview, held a press conference and on April 19 filed a libel suit against The News and former News reporter Charlie LeDuff in Wayne County Circuit Court.
The News asked to interview Williams in 2010 when she was being deposed in a case brought by Greene's family against the city of Detroit and Kilpatrick over the stripper's murder investigation. The request was turned down by her attorney, although he said she would deny any involvement in the alleged party.
In the recent interview with The News, Williams showed flashes of anger. She directed her harshest words toward retired Sgt. Odell Godbold. In 2005, he was in charge of investigating the Greene homicide.
A 2009 civil lawsuit filed by Godbold against the city of Detroit said that he learned from numerous sources that Greene and "an active duty female Detroit Police officer, moonlighting as an exotic dancer" attended the Manoogian party. He did not identify the officer.
Then last year, Godbold named Williams in a sworn affidavit filed in a lawsuit brought by Greene's family against the city and Kilpatrick.
Godbold said he learned from sources during the investigation that Williams danced at the Manoogian party, according to the affidavit.
Williams said she never moonlighted as an exotic dancer while employed as a Detroit police officer.
Godbold, in his affidavit, also said in May 2005 that Williams had met with him outside police headquarters and she told him she was "scared and didn't know what to do." Williams said the exchange never took place.
She also denied a statement in Godbold's affidavit that she was attacked by Carlita Kilpatrick and was seriously injured. Williams said she was not given a three-week paid leave of absence after the alleged incident, an assertion made in Godbold's affidavit.
Godbold also said Cmdr. Bryan Turnbow told him Williams was "unofficially" reassigned to another unit to hide her injuries and attendance at the party. Williams said that is not true.
"Odell Godbold is a flat-out liar," Williams said. "Odell Godbold is delusional."
In an interview with The News, Godbold defended his sworn statement.
"I do not lie," he said. "Paytra's problem is she never had an investigative background. Otherwise, the first thing she would realize is because her name came up in this investigation, everything was noted. I don't care what she says."
The alleged party has become a part of Detroit lore kept alive largely by a civil lawsuit filed in federal court by Greene's family. Greene allegedly performed at the party in 2002 and later was killed in an unsolved shooting.
Williams, now a narcotics investigator, angrily denied that she danced at the 2002 party, when she would have been 30 years old. Williams said she stopped working as an exotic dancer years before joining the Police Department. Williams also said she is not the only officer whose past includes working as an exotic dancer.
Williams remains puzzled why her name was linked to the rumored Manoogian party. She said she has been dealing with rumors within the workplace for years.
"My right to my private life has been taken away, for no reason at all," she said. "And it's not fair."
Williams said she did not know Greene. And she never danced at the All-Star gentleman's club on Eight Mile, where Greene once worked.
Williams, a Northville native, said her two-year stint as a dancer ended in 1995 â€" four years before she was hired by Detroit Police.
Her last day as an exotic dancer, Williams said, led to a career in law enforcement. In 1995, she saw a man get shot outside a now-closed Detroit strip club on Livernois. Williams said she administered first aid, helped saved the man's life, identified and testified against the shooter, who was convicted.
"That was my first real introduction to law enforcement and the officers that worked the case," she said. "I was very impressed."
She worked as a secretary and bank teller before applying to the Detroit Police Academy. She was hired by the department in 1999.
Although Williams was first confronted with questions about the Manoogian party in late 2002, it was not until Greene was murdered in a drive-by shooting in 2003 that the gossip and innuendo intensified.
"It really blew up. It went from me being the one who was assaulted to me taking (Greene) to the hospital and using my insurance card," Williams said.
An investigation by then-Attorney General Mike Cox in 2003 concluded the Manoogian party had "all the earmarks of an urban legend."
Williams said she was questioned during the Cox probe. Michigan State Police investigators showed up unannounced and questioned Williams at work.
"They basically treated me like I was a criminal," she said, referring to State Police investigators. "The way they were talking to me was very belittling and degrading."
Williams took issue with a passage in a 2010 News account that said she had a checkered police career and worked in close proximity to powerful men.
She said her record is clean except for a written reprimand that was expunged from her personnel file earlier this year. And while she worked as a bookkeeper on the same floor as the police chief's office, she was not in the chief's inner circle. She said she held the same position under several chiefs, including Benny Napoleon, Charles Wilson and Jerry Oliver.
"In the chief's office, there is a chief's staff. She was not a part of that," said her lawyer, Marvin Barnett.
Williams also denied a News report that she was assigned at one point to Kilpatrick's executive protection unit.
Williams left the bookkeeping job and was assigned to tactical operations about seven years ago. The small unit was a hostile place for her, she said, where members made snide comments about the rumors.
In 2005, she was deposed by lawyers involved in a lawsuit filed by former homicide Lt. Alvin Bowman against the city. Bowman alleged he was transferred out of homicide for attempting to investigate Greene's killing.
"I had nothing to do with why he was moved, and the only questions they posed to me were about finding out about the dancing world," Williams said.
Bowman won a jury trial against the city and was awarded $200,000. After the deposition, Williams said she endured another round of harsh treatment from co-workers and isolation in her personal life.
"It got really hard for me to be at work because of all the attention," Williams said. "It's like I have the plague. If people know me, they don't want their kids to play with my son."
The scandal and rumors, Williams said, have left her contemplating her future within the department.
Williams is not optimistic about rising within the Detroit Police ranks. She feels like she has been blacklisted.
"I personally have not done anything wrong," Williams said. "But my name is too tainted and I don't think anybody is willing to stand up for me."
Williams was asked if she would have to leave the Detroit Police Department to advance her career.
"Probably yeah," she said. "I'm listening to things, keeping my options open."
Brief: Discipline lawyers in Greene case
Family's attorney says city's counsel ignored order to save emails
Detroit News
June 2, 2011
Detroit - Current and former city lawyers should be disciplined for blatantly disregarding a federal judge's order to preserve emails and other evidence that could shed light on the death of slain stripper Tamara "Strawberry" Greene, her family's lawyer said.
In a scathing 20-page brief filed in U.S. District Court, Greene family lawyer Norman Yatooma asked a judge to hold the city and former Mayor Kwame Kilpatrick in default in a $150 million civil suit filed by Greene's family.
The suit accuses Kilpatrick and the city of obstructing an investigation into the woman's unsolved death.
The filing Tuesday followed five days of testimony, held over six months, from Kilpatrick and several current and former city officials, including a number of attorneys who at various times headed the Detroit Law Department.
Yatooma said testimony revealed ever-changing stories about what happened to emails and other evidence that Chief U.S. District Judge Gerald E. Rosen ordered be preserved in March 2008. City lawyers failed to read the order requiring them to preserve evidence and misled the court to cover up their malfeasance, Yatooma wrote.
"The city lawyers are liars," Yatooma wrote.
Yatooma is trying to prove whether Kilpatrick or the city intentionally destroyed email related to Greene's death.
It's one aspect of a broader lawsuit, filed in 2005, accusing the former mayor and city of obstructing an investigation into her death.
Greene is rumored to have danced at a never-proven party at the Manoogian Mansion. Greene was killed in an unsolved drive-by shooting in 2003.
Yatooma has failed to prove that any emails relating to Greene, her death or homicide investigation ever existed or were destroyed, Kilpatrick lawyer James C. Thomas wrote in a separate filing late Tuesday.
The city cannot preserve evidence that never existed, city lawyer John Schapka wrote in a third filing late Tuesday.
Testimony from Kilpatrick and other current and former city officials during hearings over the course of six months revealed contradictions, Yatooma wrote.
The city's top lawyer, Krystal Crittendon, testified she was unaware of the judge's preservation order until fall 2010. Yet lawyer Mayer Morganroth, who represented Kilpatrick and the city, said Crittendon and Schapka were served with the preservation order in 2008.
Schapka testified he was aware of the order but did not read it because he was "fired off the case" in January 2008.
His boss, former Detroit Law Department head John Johnson, testified that he relied on Schapka and Crittendon to ensure the preservation order was obeyed, Yatooma wrote.
Johnson's testimony amounted to perjury, Yatooma wrote.
"The bottom line is that every city lawyer passed responsibility for even reading, much less disseminating, this court's preservation order," Yatooma wrote.
Former Mayor of Detroit to be released from prison, August 2nd
Detroit Examiner
August 1, 2011
Detroit,MI - Former Detroit Mayor Kwame Kilpatrick will be released from prison August 2 at 6:30 am. Kilpatrick has been serving a sentence in Jackson Prison since last May for violating his probation when he failed to disclose all of his assets to the court. Kilpatrick currently owes the City of Detroit approximately $860,000 in restitution.
Kilpatrick will return to Texas where he and his family moved just over two years ago. Once in Texas, he must immediately report to his parole officer in that state. Kilpatrick will serve two years probation. Currently Kilpatrick is still waiting to learn whether or not a lawsuit filed by the family of slain exotic dancer Tamara Greene will go to trial. The family alleges that Kilpatrick and others obstructed an investigation into Greene’s murder.
Do you think Kilpatrick be allowed to return to Texas to serve probation?
Magistrate finds City of Detroit destroyed evidence in Greene civil case
Detroit Examiner
August 3, 2011
In a victory for the family of Tamara Greene, a federal magistrate has recommended that sanctions be imposed against the City of Detroit for knowingly or recklessly destroying evidence relevant to the case. The recommendations of Magistrate Stephen Whelan, issued Wednesday, will now go to US District Judge Gerald Rosen for ratification.
Should Judge Rosen approve the recommendations, which is more likely than not, it could dramatically alter the litigation in the family's favor.
Tamara Greene, an exotic dancer whose stage name was Strawberry, allegedly danced at a rumored but never proven party at the Manoogian Mansion during October 2002. On April 30, 2003, she was murdered in a drive-by shooting. The criminal case has never been solved.
Her relatives filed the civil action Greene v City of Detroit and Kwame Kilpatrick, alleging that high-ranking city officials stifled the DPD's investigation into her death, causing it to go unsolved.
In 2008, Judge Rosen issued an order mandating the preservation of evidence by city lawyers. Yatooma made a convincing case that in the months and years following the order, attorneys for the city intentionally or through malfeasance, allowed evidence, mostly in the form of e-mails between city officials on city owned computers, to be lost.
Yatooma moved the magistrate for a default against defendants, which would have stripped them of the ability to put on proofs as to anything but the amount of damages.
Magistrate Whelan refused to go that far, but he concurred with Yatooma that the city had destroyed relevant evidence after Judge Rosen's 2008 order. The recommendations Whelan issued today are:
1. If the case comes to trial, the jury should be allowed to hear proofs that the city destroyed evidence;
2. The jury should be instructed to infer that any evidence destroyed would be contrary to the interests of defendants (called an "adverse inference" instruction), and;
3. Defendant's should have to pay Yatooma's attorney fees in connection with this motion.
If Judge Rosen adopts these recommendations, it would virtually prohibit a successful motion by defendants to dismiss the case, and it would elevate Yatooma's chances at trial.
No time limit has been set for Judge Rosen's response to the magistrate's recommendations.
Magistrate: Detroit destroyed potential evidence
Associated Press State Wire: Michigan (MI)
August 4, 2011
A federal magistrate says the City of Detroit destroyed potential evidence that was ordered preserved in a lawsuit filed by the family of an exotic dancer whose killing is unsolved.
U.S. Magistrate Judge R. Steven Whalen issued the findings Wednesday related to the lawsuit from Tamara Greene's family.
Whalen says if the case goes to trial a jury should be told the city ''intentionally, willfully and recklessly'' destroyed potential evidence.
An email seeking comment was sent Thursday to city attorney John Schapka.
The civil suit claims city and police officials stymied an investigation into Greene's 2003 shooting death. Greene was rumored to have performed at a never-proven 2002 party at the city's mayoral mansion at the time Kwame Kilpatrick was Detroit's mayor.
The city and Kilpatrick have denied the claims.
Judge Makes Bombshell Decision In Greene Case
Click On Detroit
August 4, 2011
DETROIT – A federal judge found that the city of Detroit may have knowingly destroyed evidence in the Tamara Greene case.
Greene was killed in a drive-by shooting in 2003. It was rumored that she danced at a never-proven party at the Detroit mayor's Manoogian Mansion that was thrown by then-mayor Kwame Kilpatrick in 2002.
Her family has filed a lawsuit against the city claiming Kilpatrick and other high-ranking city officials thwarted the investigation into her death.
The family's attorney, Norman Yatooma, said the city has repeatedly withheld records in the case and that evidence related to the case has been intentionally destroyed, specifically e-mails sent between officials on city-owned computers.
Now, the federal judge has said the jury should be told that the evidence may have helped the Greene family's case.
The judge also says that the city of Detroit should have to pay the legal bills for the family and Yatooma, who is also suing the city for $150 million.
According to the court filings, Judge Magistrate Steven Whalen said it would be "a gross understatement to say that the city acted in bad faith and was at fault in causing the destruction of evidence"
Whalen said Kwame Kilpatrick, Christine Beatty, Ruth Carter and Ella Bully-Cummings sent emails while in office that they did not delete. The court said the emails are not on the city's servers, where they should be.
Another federal judge will have to determine whether there is enough evidence to take the case to trial. However, according to legal experts, this ruling is a powerful indicator that not only will Greene's family get their day in court, but also that the sanctions which Whalen is imposing on the city of Detroit carries the message loud and clear.
Yatooma said he will have to go through his billing to add everything up.
Legal expenses could range in the hundreds of thousands of dollars.
Tamara Greene's Son Talks With Local 4
Click On Detroit
August 4, 2011
DETROIT – Tamara Greene's son, Jonathan Bond, said he now knows what he has always believed to be true: The city of Detroit is hiding something in the murder investigation of his mother.
A judge ruled Wednesday that city of Detroit lawyers intentionally destroyed former mayor Kwame Kilpatrick's emails and other potential evidence after specifically being told to save it.
Bond, 18, said he believes his mother's murder investigation was sabotaged to protect Kilpatrick's reputation. Now that the evidence was destroyed, Bond said he wonders if he will ever know who killed his mother and why.
"There is no way that a mistake was made," Bond said. "There is a reason why she died."
He said people do not ignore court orders and destroy evidence unless they have something to hide. He said he is confident the judge in charge of the case will see to it that those responsible for hiding evidence will answer for it.
"These people purposely did this. There is no way around it," Bond said.
Bond said it's not about winning a case, it's about finding out who killed his mother, and he knows what she would say about city officials pulling a fast one.
"She would say, 'Is this what my taxpaying money is really going to? Hiding evidence?'" Bond said.
Bond recently graduated high school and said he plans to attend college in Metro Detroit so he can keep an eye on the case.
Rod Meloni: Detroit Should Settle Tamara Greene Case
Click On Detroit
Aug 04, 2011
DETROIT – You read here first on my ClickOnDetroit.com blog May 17, 2011about the vital Magistrate's hearing in the Federal lawsuit Tamara Greene's family filed against the City of Detroit. My piece called "Detroit Lawyers Face Possible Trouble In Tamara Greene Case" quoted from testimony given in court when there were no reporters around to hear.
We discovered in the release of court documents we gathered under the Freedom of Information Act Detroit's attorneys involved in the case for years were all claiming ignorance and pointing fingers at each other.
John Schapka, the deputy Detroit City Attorney currently handling the Greene case said he knew nothing of the evidence preservation order given by Federal Judge Gerald Rosen in the case in 2008 because he was fired from the case by his boss, then Detroit City corporation counsel John Johnson Jr.
Earlier in the day current corporation counsel Crystal Crittendon said she knew nothing of that order either. In testimony given days earlier Johnson himself said he knew nothing of the order to save all emails and other evidence in the case.
In my blog I said it was clear someone was lying and it was up to Magistrate Whalen to decide who and what should be done about it.
Well, the Magistrate made his ruling late yesterday and it was a barn burner!
He pointed out former Detroit City Attorney John Johnson Jr. as the culprit. Whalen put no sugar on the fact Johnson knew about the order, did not do his duty as an officer of the court and evidence that should be available to try this case was destroyed.
It would be a gross understatement to say that the City acted in bad faith and was at fault in causing the destruction of evidence.
Most disturbing is the testimony of John Johnson, testimony that I find to have been dishonest and misleading. In a word, Mr. Johnson?s actions in 2008 and his testimony at the evidentiary hearing were outrageous. However much he attempts to point fingers and shift blame to others, he was in charge.
He not only failed to disseminate the Court's orders, but took actions that would virtually guarantee that those orders were not complied with. He was utterly delinquent in his duty to see that his clients complied with Judge Rosen's orders, and in his obligation to give honest and candid testimony before this Court. The emails that were explicitly ordered preserved were instead destroyed under his watch.
This is a major victory for Tamara Greene's family.
The case, once again, is not about the alleged Manoogian Mansion Party or whether former Mayor Kwame Kilpatrick may have somehow been involved in Tamara Greene's death. The case involves whether there was a cover-up inside the Detroit Police Department that prevented the case from being properly investigated in the first place.
Magistrate Whalen's ruling shows minimally there was a cover-up in the gathering of evidence ordered by a Federal Judge which only further fuels the Greene family's claim others in the Kilpatrick Administration had orders from the Mayor's office to keep the case quiet.
So what did Magistrate Whalen say should be done about it?
Whalen granted what is known as an adverse inference instruction to any potential jury. That means the jury should be told the city covered up evidence inside a cover-up case. That is highly damaging to the City's defense.
Whalen also ordered the City of Detroit to pay all the Greene family's legal bills in a long and difficult hearing process. This puts the City in the unenviable position of trying a case much like swimming upstream in the Detroit River with a freighter heading its way.
Kwame Kilpatrick spent more than a year in jail for a parole violation because he wasn't truthful to the court about his financial position. He's looking at the possibility of perhaps ten years or more in prison for Federal tax and racketeering charges, all facts the jury pool knows.
To be told in the jury box the City deliberately did not come clean in providing evidence in this case makes the trial more than a little difficult to win.
One of the facts many Detroiters do not know about the Tamara Greene case is, should the City lose it must pay!
Would the jury award $1 million, $5 million, $100 million? No one knows. Again, whatever that number might be, the City MUST pay. It can't go into default or enter receivership or something to avoid the bill. The City, if it could not afford to pay, [and it obviously can not] would have to levee a new tax on Detroit City residents to raise the cash to pay the Greene family's damages.
It is fairly clear Kwame Kilpatrick's baleful governance cost the City and its residents millions of dollars they could ill afford to lose. At this point it only seems obvious that Mayor Bing needs to bring this chapter to a close now, rather than later.
This is likely only to get more expensive the longer the City fights. Chancing what a jury would do with the Tamara Greene case does not appear a good gamble.
Magistrate refuses request to search city e-mails
Associated Press State Wire: Michigan (MI)
August 11, 2011
A magistrate has ruled against an attorney's request to search the computer system at Detroit City Hall for e-mails that might reference the slaying of an exotic dancer.
The Detroit Free Press and The Detroit News report Thursday that Magistrate Steven Whalen's order this week in U.S. District Court states e-mails ''are lost forever once they have been deleted'' because the city doesn't back up e-mails.
Attorney Norman Yatooma has said e-mails exchanged during Kwame Kilpatrick's time as mayor could link the ex-mayor, police officials and others to impeding an investigation into the 2003 shooting death of Tamara Greene. Yatooma represents Greene's children in a civil suit against the city and Kilpatrick.
Greene was rumored to have danced at a never-proven 2002 party at the mayoral mansion.
Email search denied in stripper lawsuit
Detroit News
August 12, 2011
A federal magistrate judge this week rejected attempts to scrutinize city computer equipment in a search for emails from former Mayor Kwame Kilpatrick and others whom attorneys believe obstructed a murder investigation.
U.S. Magistrate Judge R. Steven Whalen issued a recommendation on Wednesday that attorneys for the family of slain stripper Tamara Greene not be given access to the computers because there is no evidence that they would contain any of the information that attorney Norman Yatooma is seeking.
Last week, Whalen ripped the city of Detroit for destroying emails from Kilpatrick and others even though Chief U.S. Judge Gerald Rosen ruled in March 2008 that the city should preserve them.
Whalen recommended financial sanctions against the city's lawyers and suggested to Rosen, who is overseeing lengthy pretrial motions, that jurors be told about the destruction of evidence and receive special instructions to consider the city's action in a negative light when awarding damages.
On Wednesday, Whalen wrote that evidence from both the city and Yatooma indicates there isn't anything of relevance to be found on the computers.
"Because the City does not back up emails, they are lost forever once they have been deleted. Thus, there is simply no data on either the servers or the computers that would be useful, and certainly no data that would be sufficiently relevant to justify the expense of a forensic examination," Whalen wrote.
In addition to Kilpatrick, Yatooma is seeking emails from former chief of staff Christine Beatty, former city lawyer Ruth Carter and former police chief Ella Bully-Cummings.
A federal magistrate judge issued a report Wednesday finding the city of Detroit's lawyers responsible for hiding or destroying evidence ordered preserved in a lawsuit filed by the survivors of a murdered stripper rumored to have danced at the infamous and never proven party at the Manoogian Mansion.
Yatooma is seeking $150 million and accuses Kilpatrick and the city of blocking the police investigation into the unsolved slaying of Greene, who was gunned down in April 2003.
Will Tamara Greene Case Be Thrown Out?
Court hearing scheduled for Sept. 22
Click On Detroit
September 1, 2011
DETROIT – Sept. 22 could be the day that makes or breaks a Detroit family's nearly decade-long battle to find out who killed Tamara Greene.
Greene was killed in a drive-by shooting in 2003. It was rumored that she danced at a never-proven party at the Detroit mayor's Manoogian Mansion that was thrown by then-mayor Kwame Kilpatrick in 2002.
Her family is suing the city claiming Kilpatrick and other high-ranking city officials thwarted the investigation into her death.
The family's attorney, Norman Yatooma, said the city has repeatedly withheld records in the case and that evidence related to the case has been intentionally destroyed, specifically e-mails sent between officials on city-owned computers.
A judge has already released court filings saying evidence could have been lost in the case.
According to the court filings, Judge Magistrate Steven Whalen said it would be "a gross understatement to say that the city acted in bad faith and was at fault in causing the destruction of evidence"
Whalen said Kwame Kilpatrick, Christine Beatty, Ruth Carter and Ella Bully-Cummings sent emails while in office that they did not delete. The court said the emails are not on the city's servers, where they should be.
Another federal judge will make the decision on whether to transition the lawsuit to trial or toss it out on Sept. 22.
Attorney David Griem, who has followed the Greene case for years, said he thinks despite Whalen's statements, the case will be thrown out. He also said Yatooma can always appeal.
New Information On Murdered Dancer Tamara Greene
Click On Detroit
September 30, 2011
DETROIT – A local woman tracks down witnesses and friends of Tamara Greene. See why she says the rumored Manoogian Mansion party is no urban legend.
Watch Local 4 Defender Kevin Dietz's report Friday at 11 p.m.
The author in the interview, Carol Teegardin is doing a book signing at the Rust Belt Market, at the corner of 9 Mile and Woodward, on Sunday on Oct. 9 from 11a.m.-7 p.m.
Carol Teegardin Book Interview - Author of "Strawberry", the murder of Tamara Greene
Defenders: Exclusive Video Of Tamara Greene's Funeral
Family Wants Video To Help Remind Public, Police That Case Is Still Unsolved
Click On Detroit
October 3, 2011
DETROIT – The Local 4 Defenders have never-before-seen video of slain Detroit dancer Tamara Green's funeral.
Greene was killed in a drive-by shooting in 2003. It was rumored that she danced at a never-proven party at the Detroit mayor's Manoogian Mansion that was thrown by then-mayor Kwame Kilpatrick in 2002.
Her family is suing the city claiming Kilpatrick and other high-ranking city officials thwarted the investigation into her death.
Greene's family gave the video to Local 4 in hopes it would remind the public and police that justice needs to be found. It shows several family and friends shedding tears as they walk by her white casket.
Ernest Flagg, the father of Greene's son, said it doesn't matter what Greene did for a living, her life counted.
"The court is interested in the truth. It is very important. The kids need closure. They need closure because this has been going on for a long time," Flagg said.
Flagg said he blames Kilpatrick for sabotaging Greene's death investigation so that no one would find out she danced at the rumored party.
"I still believe that that's the case. I still believe that we can get it, the truth is still there. I believe the people that we have deposed, they will get on the stand and they will tell the truth. She never got a proper investigation," Flagg said.
Greene's son was 10 years old when his mother was killed. He is now 18.
Ruling favors dancer suit
Detroit News
October 6, 2011
Detroit - A federal judge ruled Wednesday that a jury would be allowed to hear that four high-ranking city officials destroyed evidence if a lawsuit by the family of slain erotic dancer Tamara Greene proceeds.
But the judge also said the case has moved into "unchartered legal waters," and he is undecided whether to allow the lawsuit.
In a 24-page opinion, U.S. Judge Gerald Rosen upheld an earlier ruling by federal Magistrate Judge Stephen Whalen that former Mayor Kwame Kilpatrick, his Chief of Staff Christine Beatty, corporation counsel Ruth Carter and then-Police Chief Ella Bully-Cummings willfully destroyed emails from Aug. 1, 2002, through June 30, 2003.
Rosen wrote that the city has tried to "avoid taking responsibility for egregious conduct that has seriously undermined the truth-seeking mission of civil litigation."
Rosen also ruled the city must pay the legal fees of Norman Yatooma, the attorney representing Greene's family in a federal lawsuit claiming that Kilpatrick and high-ranking members of his staff thwarted the investigation into her murder. The city has 14 days to pay the fees, Rosen ruled.
Yatooma called the decision "monumental," but said he isn't sure how much money he'll be paid.
"It's a bunch of money, but I'd be guessing at this point," Yatooma said outside federal court, following a hearing in Rosen's chambers.
During Wednesday's three-hour hearing, Rosen said he is considering whether Yatooma's lawsuit should proceed. Rosen said Yatooma had done a "good job" presenting evidence that a culture existed in the Kilpatrick administration to quash investigations of the former mayor, but questioned whether Yatooma proved that Kilpatrick or his appointees specifically thwarted the probe into Greene's 2003 slaying.
Yatooma argued that if such a culture existed, effectively thwarting the Greene investigation, it should be enough to let the case go ahead. Rosen said he wasn't sure if that was true.
"I don't know what the legal standard is, and I'm not sure any court has yet identified it," the judge said. "That's why this is such a difficult case."
Yatooma also said during the hearing that there was "positively a link between Kwame Kilpatrick and Tamara Greene, but that has been redacted (from court files)."
Rosen replied, "You're trying to show that there was a relationship (between Kilpatrick and Greene), but I don't want you to get into that, because it probably won't be entered into trial."
Attorneys for Kilpatrick and the city said no evidence exists showing that city officials quashed the investigation. "All he has is hearsay," said city attorney John Schapka.
Kilpatrick's attorney James Thomas said his client's wrongdoing in other matters doesn't affect the Greene case.
"We know that Kwame Kilpatrick lied in the past," said Thomas, referring to the former mayor's deal in which he pleaded guilty to obstruction of justice after text messages showed he lied in court about his relationship with Beatty.
"But is his guilty plea evidence that he somehow interfered with the Tamara Greene investigation? I don't think it is."
Tamara Greene Case Attorney Billing Detroit $735,000
Attorney Norman Yatooma Billing City For Researching Missing Emails In Murder Case
Click On Detroit
October 20, 2011
DETROIT – The attorney who represents the children of a slain exotic dancer in a civil lawsuit wants more than $735,000 in legal fees and expenses from Detroit and its former chief lawyer.
According to court filings obtained by Local 4, attorney Norman Yatooma is asking for $715,342.50 in service fees and $20,279.63 for costs related to the case, such as research, photocopying and witness fees.
"The attorneys' fees and related expenses were reasonable and necessary because of the ever-changing stories told by the City of Detroit attorneys," Yatooma said in the filing.
Yatooma said his he and legal team spent 2,000 hours working the case, and based the expenses on his and his associates' hourly rates -- which ranged from $75 to $550.
The request was filed Wednesday in U.S. District Court in Detroit.
The request comes after a federal judge ordered the city and John Johnson to pay Yatooma's fees after concluding the city destroyed emails.
Yatooma said emails exchanged during Kwame Kilpatrick's time as mayor could link the ex-mayor, police officials and others to impeding an investigation into the 2003 shooting death of Tamara Greene. The $150-million lawsuit is against the city and Kilpatrick.
Greene was rumored to have danced at a never-proven 2002 party at the mayoral mansion.
Tamara Greene lawsuit thrown out
WXYZ-TV Detroit
Nov 1, 2011
Greene case dismissed
WXYZ-TV Detroit
Nov 1, 2011
Greene family vows to appeal dismissed lawsuit
WXYZ-TV Detroit
Nov 1, 2011
Attorneys react to ruling in Greene case
WXYZ-TV Detroit
Nov 1, 2011
Greene Family Attorney: We Are Heartbroken
After 6 Years, Judge Dismisses $150 Civil Suit
Click On Detroit
November 1, 2011
DETROIT – A federal judge on Tuesday threw out the $150 million lawsuit filed by the family of slain exotic dancer Tamara Greene against the city of Detroit and former Detroit Mayor Kwame Kilpatrick.
Judge Gerald Rosen issued the more than 100-page opinion and order.
Greene was killed in a drive-by shooting in 2003. It was rumored that she danced at a never-proven party at the Detroit mayor's Manoogian Mansion that was thrown by then-mayor Kilpatrick in 2002.
Her family filed the lawsuit in 2005 on claims Kilpatrick and other high-ranking city officials thwarted the investigation into her death.
The family's attorney, Norman Yatooma, has said the city has repeatedly withheld records in the case and that evidence related to the case had been intentionally destroyed, specifically e-mails sent between officials on city-owned computers.
Yatooma had asked for a default judgement that would declare the family the winner of the case on the grounds the city destroyed evidence. But, Rosen wrote, that request was filed too late and it was never proven that the city violated court orders to provide documents.
"Obviously we're very shocked and terribly disappointed. Frankly it's very difficult to make sense of this ruling. The judge said he had to charter new waters in our whole argument. In doing that, I can't imagine how he could charter them against the kids of Tammy Greene in favor of the convicted, and now again indicted, Kwame Kilpatrick and the city," Yatooma said.
Rosen said in his opinion there wasn't enough evidence that the investigation into Greene's death was sabotaged.
"The Court agrees that there is no evidentiary basis upon which a trier of fact could conclude that Defendant Kilpatrick participated, whether directly or through his approval of the actions of other, in any obstruction of or interference with the DPD investigation into Ms. Greene's murder," Rosen wrote.
In another part, Rosen wrote, "Now that the discovery dust has settled, the Court has little need to dwell on the much-discussed, much-rumored party at the Detroit mayor's official residence, the Manoogian Mansion, in or around the fall of 2002."
Yatooma said he is already working on his appeal.
"Those kids deserve their day in court. It's a dark day in the legal system when bais prevails over justice. We are heartbroken. We are furious," he said.
Local 4 legal analyst David Griem said the judge had no choice because the lawsuit was based on a claim that Greene's children were denied access to the courts, something Yatooma could not prove.
"This judge stepped in, looked at the facts, looked at the evidence, looked at the law and determined that this is a case that should not go to trial," Griem said.
Greene's murder remains unsolved.
Tamara Greene's Son Speaks On Case Dismissal
Jonathan Bond Was 10 When His Mother, Tamara Greene, Was Killed
Click On Detroit
November 1, 2011
DETROIT – After six years, a federal judge on Tuesday threw out the $150 million lawsuit filed by the family of slain exotic dancer Tamara Greene against the city of Detroit and former Detroit Mayor Kwame Kilpatrick.
Greene's son, 18-year-old Jonathan Bond, is a thoughtful, serious teenager -- far more than the average 18-year-old. His childhood was ended at age 10 when his mother was killed.
His father told him the news of the case being dismissed Tuesday morning.
"I told him the verdict came down, the decision was made, and it wasn't in our favor. And (Jonathan) just looked at me," his father, Ernest Flagg, said.
Greene was killed in a drive-by shooting in 2003. It was rumored that she danced at a never-proven party at the Detroit mayor's Manoogian Mansion that was thrown by then-mayor Kilpatrick in 2002.
"Nothing is fair in life. Nothing is promised," Bond said.
His demeanor explains how he is handling Tuesday's verdict with a calm sadness. For Bond, there has been struggle at every twist and turn in this legal fight.
"Trying to have them come forward, and trying to know what really happened to my mother," he said.
The decision means he may never know who killed his mother or why, but he and his father said the fight is not over.
"An appeal is imminent. It will come," Flagg said. "There was a conspiracy and it started in the mayor's office."
Suit by slain Detroit stripper's family dismissed
Associated Press State Wire: Michigan (MI)
November 1, 2011
A federal judge dismissed a civil lawsuit Tuesday that claimed the city of Detroit and ex-Mayor Kwame Kilpatrick, a convicted felon, impeded a police investigation into the shooting death of a stripper.
U.S. District Judge Gerald Rosen said in his opinion that the attorney representing Tamara Greene's three children failed to prove the city or Kilpatrick interfered with the probe into her 2003 shooting death.
Greene, who performed under the name Strawberry, was rumored to have danced in 2002 at a never-proven party at the mayor's official Manoogian Mansion residence.
Rosen agreed with lawyers for the city and Kilpatrick that there was ''no evidentiary basis'' for a legal finding that Kilpatrick obstructed or interfered with the investigation into the murder.
Kilpatrick resigned as mayor in 2008 after pleading guilty to obstruction of justice in state court. He served time in a county jail but later spent 14 months in state prison for violating his probation in the earlier case. He was paroled Aug. 2, but faces a federal corruption trial in 2012 on fraud, tax and racketeering conspiracy charges.
Rosen said lawyers for Greene's family seem to believe that Kilpatrick must have interfered with the murder investigation because he regularly meddled with top police brass when he was mayor. But the judge said past wrongs don't necessarily fit new cases.
Rosen said there is a ''dearth of evidence'' connecting Kilpatrick or any of his allies to any interference with the homicide investigation.
Current Mayor Dave Bing's office declined to comment Tuesday on the ruling. Greene family attorney Norman Yatooma didn't immediately return a phone message from The Associated Press.
Kilpatrick attorney James Thomas said the process was lengthy and involved ''tens of thousands of pages of material.''
''I am extremely gratified the judge has made the decision,'' Thomas said. ''Mr. Yatooma had his chance.''
Interview with former Mich. AG will stay sealed
Associated Press State Wire: Michigan (MI)
November 1, 2011
A judge says he won't unseal a deposition by former Michigan Attorney General Mike Cox, who was interviewed for hours about his investigation of a rumored party in 2002 at the Detroit mayoral mansion.
Federal Judge Gerald Rosen made the disclosure in a footnote Tuesday in a 102-page decision dismissing a lawsuit against the city of Detroit and former Mayor Kwame Kilpatrick.
The lawsuit had accused Kilpatrick of interfering with the investigation of a stripper's murder. When Cox was attorney general, he investigated whether Tamara Greene performed at the Manoogian Mansion but ultimately called the party an ''urban legend.''
The judge last year refused to unseal Cox's deposition and apparently won't change his mind now. Rosen says the deposition had no role in his decision to dismiss the lawsuit.
Judge dismisses Greene family lawsuit
Detroit Examiner
November 2, 2011
Detroit, MI - After six tedious years, the judge in the Tamara Greene, threw the out the case citing the family’s attorney didn’t have sufficient evidence. Over the course of years many key witnesses that came forward to testify as to what they’d seen or was told by the Detroit exotic dancer at time.
Witnesses such as Emergency personnel, former police and dispatchers etc. But it appears that wasn’t enough. One particular witness statement struck my attention, simply because I can remember vividly the story he told me as well as others the night it happened. I don’t have to name this individual, but I can tell you this. I have worked in the field of Emergency Medical for over 16 years and this is something personnel sometime do. They share the stories of the runs with other crew members.
But from the start, the story was told that allegations were made that Kwame Kilpatrick's wife, Carlita, walked in on the party and assaulted dancer Tamara Greene. EMS testimony said that a female officer was also assaulted by the mayor's wife. Lt. Michael Kearns is the first official to publicly claim he had direct contact with Greene at the time of the supposed assault around October 2002.Then other EMS personnel had sworn testimonies, but still the party existence is being questioned.
In his affidavit, Kearns said Greene told him she and a friend “were dancing at a party at the Manoogian Mansion and that the mayor’s wife, Carlita Kilpatrick, threw a fit, hit her and the other dancer, then kicked them out of the house.”
The Judge decision was supposedly based on that he said the family's lawyer, Norman Yatooma, waited too long to request some information and that the city wasn't obligated to provide other information. Yatooma had argued, among other things, that the city provided an incomplete copy of Greene's homicide file.
I can say for certain that the dancer did get killed, her death so far is unsolved and the other dancer with Tamara Greene also died in Atlanta in a similar fashion as Greene.
Legend?
Who really knows for sure, but we were taught if its quack like a duck then it’s a duck.
Manoogian party still 'unsolved mystery'
Detroit News
November 2, 2011
Was there a party or not?
In 102 pages of his ruling on the Tamara Greene lawsuit released Tuesday, U.S. District Judge Gerald Rosen offered little clarification on one of the case's central mysteries â€" the rumored and never proven Manoogian Mansion party of 2002.
In sorting through the evidence, Rosen made it clear he sees no definitive answer. That party, where Greene was alleged to have performed as a dancer, was considered by some to be the impetus behind her murder on April 30, 2003.
Throughout the document and in his footnotes, Rosen makes both point and counterpoint.
"For what it is worth, it seems unlikely that this will ever be established with any degree of certainty whether this rumored party ... actually took place," Rosen wrote in his decision, which threw out a $150 million lawsuit filed by Greene's family against former Mayor Kwame Kilpatrick and the city of Detroit.
But for many, the focal point of Greene's slaying has always been the party, which supposedly ended when Kilpatrick's wife, Carlita, beat a stripper so badly she was taken to a hospital.
Rosen's lengthy decision offers factual tidbits for those on both sides of the argument. Here are elements of the ruling that could support the theory that a party took place:
Sandy Cardenas, who worked as a 911 dispatcher in fall 2002, claimed to remember sending police units to a disturbance call at the mansion.
Detroit police received a call on May 21, 2003, from an unknown person asking if the shooting victim in the case was "Strawberry" â€" the name Greene used as a dancer. The caller said "Strawberry was one of the dancers at the mansion."
At a March 2004 meeting with Detroit investigators, Michigan State Police officers allegedly contended the Manoogian party did occur, according to the testimony of Detroit Inspector Craig Schwartz.
During the investigation, a relative of Greene told Detroit investigators that "(Greene) had danced at the mansion ..."
Sgt. Odell Godbold was told by one of Greene's relatives that she had "expressed some fears and she was fearful for her life" and that she had told this relative that "she had danced at the mansion and that there was a fight."
In the summer of 2004, a retired Detroit police officer, Bryan Turnbull, approached a city investigator and said "an active Detroit Police Department officer had danced at the Manoogian Mansion party and had been assaulted." That officer allegedly showed up for work with visible injuries.
Godbold testified various materials "handwritten notes, witness statements, and polygraph results" appeared to be missing from the copy of the homicide file produced by the city in the course of discovery.
Items that seemingly puncture the party theory include:
- Despite the prolific history of the scandalous Kwame Kilpatrick text messages, Rosen pointed out that none from him or his associates "touch(ed) upon the Greene homicide investigation at all, whether directly or tangentially.
- Rosen noted that Cardenas' affidavit is "replete with hearsay" and is based on her recollections of other responders' statements.
- Schwartz said the Michigan State Police investigators' belief a party took place "had no basis in fact, had no substantiation and was based on wild speculation."
- After years of silence, a Detroit police officer rumored to have danced with Greene at the party spoke out in May and denied any involvement.
"None of it is true," Paytra Williams told The Detroit News. She said she never moonlighted at the never-proven party. She denied getting into an altercation with Carlita Kilpatrick and said she did not know Tamara Greene.
In June 2003, then state Attorney General Mike Cox summarized the findings of his office's five-week investigation into the party, saying "not one witness had any direct or indirect credible knowledge if such an event." Cox added: "These allegations appear to be founded solely on wild rumor and speculation" and that "the party has all the earmarks of an urban legend."
Stripper's killer still on the loose
Detroit News
November 2, 2011
A federal judge's 102-page ruling Tuesday may have closed the legal battle over claims that the city or ex-Mayor Kwame Kilpatrick impeded a homicide investigation, but at least one question remains: Who killed Tamara Greene?
More than 81/2 years after Greene, known as "Strawberry," was gunned down in Detroit, her case remains unsolved. Over the years, lawsuits and a rumored and never-proven party, there have been no charges and no arrests connected to her murder.
It's a cold case, but investigators say it's still important, even after U.S. District Judge Gerald Rosen dismissed a suit Greene's family filed against Kilpatrick and the city of Detroit.
"The Wayne County Prosecutor's office has an open investigation into the Tamara Green homicide," said Maria Miller, assistant Wayne County prosecutor. "The dismissal of the civil case has no impact on our investigation."
Detroit Police also said Tuesday's dismissal of the civil suit isn't relevant to the criminal investigation. "The court's decision in regards to the Greene family lawsuit will not affect or disrupt the continued investigation that's being conducted by members of the Detroit Police Department's Homicide unit," Detroit Police Sgt. Eren Stephens said in a statement.
Greene, 27, was shot to death as she sat in her car in front of a home in the Bagley section of Detroit. Someone fired several rounds and Greene was hit three times, including once in the face and once in the neck.
For a while, it looked as though a 5-foot-6-inch felon with the street name "Little D" was panning out to become a suspect. Mike Carlisle, a retired Detroit homicide investigator who had worked the Greene case, testified that he believed Darrett King killed Greene.
According to police reports, she was a victim of an escalating feud between King and another man - the man she was sitting with in the car before she was gunned down.
Carlisle's statements were not enough to convince prosecutors. Even Norman Yatooma, the Greene family attorney, has said he doubted King was the killer.
Rosen wrote that any suggestion King killed Greene is "wholly gratuitous" â€" he passed a polygraph and had an alibi.
King is serving a 25-year sentence for assault with intent to commit murder stemming from a gas station shooting in 2004.
Police are still looking for tips in Greene's slaying. Anyone with information can call the Detroit homicide unit at (313) 596-2260 or Crime Stoppers at (800) SPEAK-UP.
Lawsuit about slain stripper tossed
Attorney for family vows appeal
Detroit News
November 2, 2011
A federal judge Tuesday dismissed a $150 million civil case that fascinated the public and shed light on alleged wrongdoings of ex-Mayor Kwame Kilpatrick's administration, but the legal fight might not be over.
A 102-page ruling from Chief U.S. District Judge Gerald Rosen left unanswered a question that preoccupied the public: whether Kilpatrick held a party in 2002 at the mayoral Manoogian Mansion that led to the drive-by killing of a stripper rumored to have given him a lap dance.
The party likely will remain an unsolved mystery, said the judge, who cited a lack of evidence showing Kilpatrick or the city interfered with an investigation into the death of slain exotic dancer Tamara "Strawberry" Greene.
Bloomfield Hills lawyer Norman Yatooma vowed Tuesday to appeal. He is representing Greene's relatives, who claimed Kilpatrick and the city obstructed a probe into her death months after the party for political reasons.
The dismissal ends a high-profile case that transfixed the public and leveled tawdry allegations involving public officials, strippers, murder, a cover-up and destroyed evidence.
"This has been an interesting distraction and wonderful fiction," said Kilpatrick lawyer James C. Thomas, who alerted the former mayor of the dismissal by text message Tuesday. "I don't want to forget there's a woman who died here."
The case tarnished reputations of city lawyers faulted by the judge for failing to preserve evidence and spawned civil lawsuits filed by Detroit officers accused of wrongdoing.
Rosen focused his opinion and order on the homicide investigation, not the party. He concluded there was not enough evidence to show municipal liability and said none of the officers testified they were forbidden from investigating Greene's death.
The party, the judge said, was not especially relevant to the case and served "largely as a titillating backdrop."
Yatooma, who learned of the dismissal while vacationing in Florida, said his staff is already drafting an appeal. He estimated he has spent more than $2 million on the case.
"What can I tell you? I'm shocked," Yatooma said. "I'm not disappointed â€" I'm horrified. I'm furious. What the defendants have done is worthy of imprisonment. They have destroyed lives, destroyed the state and destroyed an era."
The city's lawyer, John Schapka, cheered the decision and said he expected the dismissal will survive an appeal.
"I am very pleased that the judge maintained focus on the critical issue and recognized that the plaintiffs had no evidence that supported their claim," Schapka said.
No evidence of cover-up
The judge's order came more than one year after the city and Kilpatrick filed requests to dismiss the lawsuit, saying they never obstructed an investigation.
The dismissal included a sharp rebuke of Kilpatrick's scandal-marred tenure.
"Nothing in this opinion should be construed as the court's having turned a blind eye to the dismaying and distressing record compiled during the Kilpatrick administration, with its numerous instances of unethical conduct, criminal wrongdoing, official hubris, and utter disregard for the obligations owed by public officials," the judge wrote.
Rosen wrote that although Kilpatrick "evidenced no reluctance to address all manner of topics, both personal and professional, in the text messages they exchanged during this period, none of these messages touched upon Tamara Greene or the homicide investigation in any way."
Detroit Councilman Gary Brown, who won a settlement from the city on claims he was demoted as a deputy police chief after investigating allegations of wrongdoing by Kilpatrick, declined comment.
The civil lawsuit accused Detroit and Kilpatrick of obstructing an investigation into Greene's death in 2003.
Greene, 27, was killed in a drive-by shooting several months after she was linked to a rumored but never-proven party at the mayor's mansion in fall 2002.
Ernest Flagg, the father of Greene's son Jonathan Bond, filed a lawsuit on behalf of his son in U.S. District Court in 2005, alleging Detroit police failed to investigate Greene's murder for political reasons.
Judge discredits witnesses
The case featured several explosive allegations. Among them:
Former stripper Tamika Ruffin said she attended the party and saw the ex-mayor's wife, Carlita Kilpatrick, assault Greene.
Ruffin testified she was offered $1,000 to perform for Kilpatrick and friends at the Manoogian party, attended by about 10 uniformed police officers and filled with cocaine and marijuana. Carlita Kilpatrick crashed the party, Ruffin said, storming into the mayoral mansion and interrupting Greene giving Kwame Kilpatrick a lap dance.
Carlita Kilpatrick struck Greene with either a "two-by-four," a "baton" or "table leg," according to Ruffin's deposition, which was filed in federal court.
Kwame Kilpatrick's lawyer said parts of her story were suspicious. And Wayne County Circuit Court records show Ruffin told a psychiatrist in 2007 that "three demons are trying to get me," and that she needed an exorcism.
Wilson Kay Jr., a convicted felon with a history of mental illness, said he worked security at the party and signed an affidavit saying he saw Carlita Kilpatrick assault Greene.
On Tuesday, Rosen said the witness accounts were not specific, included hearsay and were contradictory.
"On the other hand, it seems fairly well-documented at this point that defendant Kilpatrick kept an active social calendar during his days as mayor of Detroit," the judge wrote. "Nonetheless, whether this particular party occurred at this particular locale at this particular time is likely to remain an unsolved mystery."
Former state Attorney General Mike Cox, a rumored guest at the party, investigated and declared it an "urban legend."
Cox was deposed, but the judge said his deposition transcript would remain sealed because he did not rely on it in dismissing the case.
Cox was seeking the Republican nomination for governor in 2010 when allegations surfaced that he attended the party. Cox has called the allegations "bold-faced lies," but declined comment Tuesday.
Time to move past the absurd Manoogian rumor
Detroit News
November 4, 2011
This week's abrupt end to the so-called Tamara Greene lawsuit in Detroit's U.S. District Court ought to take the city a major step toward overcoming K.W.S. "Kwame Withdrawal Syndrome".
Detroit has been trying to forget the Kilpatrick years for some time, but the cloud of the scandal-ridden ex-mayor continued to hover over the city, and much of the darkness was spawned by the years-old rumor of that never-proven Manoogian party.
It seems everyone in town knows someone who knows someone who was there and supposedly saw Greene, the stripper/dancer, beaten by Kilpatrick's wife with everything from her fists, to a table leg, to a baseball bat.
Of course, every time you asked for the name or phone number of the person who actually witnessed the mythical event, the information was never forthcoming, and not one eyewitness has stepped forward in more than a half-decade since to offer any credible evidence â€" heck, no one can even give the date of the supposed party.
After Greene's death in a drive-by shooting while seated in a car next to a known drug figure in front of a known drug house, the legend grew despite the obvious clues that pointed to a drug-related shooting.
The story came to include allegations that some unknown cop took her out in a planned hit to presumably ensure she never testified against Carlita Kilpatrick and that the mayor's office stopped efforts to investigate the mythical plot.
Logic never occurred to those spreading the rumors, whose story would require belief that a police officer willingly risked life in prison by committing a murder to cover up a simple assault.
But logic never mattered to the rumor mongers, nor attorney Norman Yatooma, who brought the federal court suit on behalf of Greene's family.
Yatooma "and we won't engage in similar rumor mongering over his motives" claimed the city never properly investigated her death and linked the reason for such inaction to the party that never was proven beyond wild speculation.
When then-Attorney General Mike Cox investigated the party rumor and declared it urban legend, he became the brunt of unsubstantiated cover-up claims that included the fantastical assertion that he ditched the probe because he had been at the party.
When thousands of pages of text messages from city officials were publicly revealed, not a single line could be found relating to Tamara Greene or a party at the Manoogian.
This alone should have been proof that Cox's conclusion was correct, considering Kilpatrick administration officials openly discussed other scandals in their messages, including details of the sexual proclivities of the ex-mayor and his chief aide, Christine Beatty.
But the rumor mill, spurred by Yatooma's ever-increasing introduction of "evidence" based on claims by some disreputable witnesses, would not allow the story to die and Detroit to overcome the trauma it suffered from Kilpatrick's numerous other misconducts.
Federal judge Gerald Rosen's decision should put an end to all this fiction for once and for all, unless of course the fiction creators now want to paint him as being involved in some grand conspiracy.
Rosen spent years reading the depositions from questionable witnesses, reading reams of text messages, and considering all the wild claims â€" up to and including the destruction of evidence â€" offered as part of Yatooma's case.
Now a completely unassailable jurist has considered every clump of mud thrown against the wall in the Greene lawsuit and concluded there was no evidence of a party, an assault on Greene, a cover-up in the investigation of her death, or any shredding of documentation that might prove something that never occurred.
In short, he rejected every claim made by Yatooma in the lawsuit that kept the Kilpatrick wound open and helped stall Detroit's recovery from the wounds the ex-mayor inflicted on the city.
Tamara Greene didn't deserve to die, but her own poor judgment in acquaintances placed her in a position to become another victim of Detroit's mean streets and the city's ruthless drug trade. It's time to allow her children to understand that sad truth and stop directing their wrath at the wrong people.
And the city, for all its faults, didn't deserve to be victimized by the interminable extension of the Manoogian party rumors made possible by this lawsuit.
Now it's time for Yatooma to do the right thing, concede that an impartial arbiter in Rosen has rejected all his claims, skip any appeal, and help clear the Kilpatrick cloud by finally allowing the Manoogian party legend to die.
Lawyer got chance to make case, and failed
Detroit News
November 4, 2011
"I wuz robbed," is the favorite lament of boxers and plaintiffs' attorneys. So it's not surprising that Norman Yatooma is stamping his feet over a federal judge's decision this week to toss out the lawsuit his client was pressing against the city of Detroit in connection with the death of exotic dancer Tamara Greene.
Greene, known by the stage name Strawberry, was killed in a drive-by shooting in 2003. She was also rumored to have danced at the infamous Manoogian Mansion party that now seems almost certain to be urban legend.
The account of the mythical party had an enraged Carlita Kilpatrick, wife of former mayor Kwame Kilpatrick, attacking Greene with a baseball bat after showing up unexpectedly at the mansion.
Yatooma, acting on behalf of Greene's son, hoped to spin fact and rumor together to make the case that the city failed to adequately investigate the dancer's slaying because it touched too closely to the sex scandal engulfing the mayor.
The attorney was given two years by federal Judge Gerald Rosen to provide enough evidence of a conspiracy to send the case on to trial. He failed, and Rosen dismissed the case. He made the right decision.
To prove a cover-up, Yatooma would have had to prove the party. He didn't, despite producing a couple of highly dubious witnesses whose stories quickly crumbled.
Nor did Yatooma establish that the official account of Greene's death â€" that she was caught up in a drug vendetta was not credible.
Rosen could have allowed the spectacle to continue, but rightly concluded that the evidence wasn't likely to get any stronger.
We do question the judge's decision not to release the deposition of former state Attorney General Mike Cox, who investigated the party and the cover-up, and reported that he found nothing.
Making Cox's deposition public would help put an end to the remaining conspiracy theories surrounding this incident.
But Yatooma and his client were treated fairly by the court.
They were given more than enough opportunity to present evidence to justify a trial, and fell short.
Hopefully, this ends one of the more bizarre chapters in Detroit's recent history.
Judge to unseal some files in Greene lawsuit case
Detroit News
November 18, 2011
Detroit - A federal judge on Thursday said he would unseal some evidence in the now-dismissed $150 million civil lawsuit filed by the family of Tamara "Strawberry" Greene.
Chief U.S. District Judge Gerald Rosen, however, will keep sealed materials related to the Greene homicide file and a Michigan State Police investigation into the rumored Manoogian Mansion party and alleged misconduct by members of former Mayor Kwame Kilpatrick's security detail.
The order comes more than two weeks after Rosen dismissed a lawsuit filed against the city and former Mayor Kwame Kilpatrick by relatives of Greene.
She was the slain stripper rumored to have danced at the infamous and never-proven Manoogian Mansion party.
Some materials will remain sealed to protect the privacy and reputations of people not named in the lawsuit who were implicated or "inadvertently swept into" the case, the judge wrote.
"The court is not at liberty to unilaterally unseal discovery materials as it sees fit, and it would be both inappropriate and irresponsible for the court to do so," Rosen wrote.
The Detroit News, Detroit Free Press and WXYZ-TV filed motions to unseal the materials.
Materials that will remain sealed include numerous deposition transcripts and affidavits.
Those include depositions of Kilpatrick's former chief of staff, Christine Beatty; his wife, Carlita; father, Bernard Kilpatrick; and two former bodyguards.
The deposition of former state Attorney General Mike Cox also will remain sealed.
Barring objections filed within 30 days, Rosen will unseal two lists of materials. One list includes materials he relied upon to dismiss the lawsuit.
That list includes deposition transcripts of Kwame Kilpatrick, former Detroit Police Chiefs Jerry Oliver and Ella Bully-Cummings, former Deputy Chief and current City Councilman Gary Brown and several current and former police officials.
The second list includes materials filed under seal but that were never subject to protective measures. That list includes copies of indictments against Kwame Kilpatrick and contractor Bobby Ferguson, and previously published text messages that belonged to the former mayor.
Yatooma gets much less from city for Greene legal fees
Click On Detroit
December 9, 2011
DETROIT – Tamara Greene's family lawyer has been awarded must less than he expected from the city to pay his legal fees.
Attorney Norman Yatooma originally said the city of Detroit must pay him $735,000 in legal fees for his case against former mayor Kwame Kilpatrick and the city of Detroit that claimed the parties stifled an investigation into Greene's murder. The city must pay Yatooma in a fight over missing emails in the case.
On Friday, Judge Gerald E. Rosen ruled Yatooma will be awarded a total of $167,000 in fees and costs.
Detroit ordered to pay $167K in legal fees in Greene case
Detroit News
December 9, 2011
Detroit - The city and its former legal chief were ordered to pay the law firm representing slain exotic dancer Tamara "Strawberry" Greene's family $167,000.
That is far less than the $735,622 in legal fees and expenses sought by Greene family lawyer Norman Yatooma.
Chief U.S. District Judge Gerald Rosen called that request excessive in an order filed Friday in federal court.
The $167,000 serves as a legal consolation prize because Rosen last month tossed the Greene family's $150 million civil lawsuit filed against the city and former Mayor Kwame Kilpatrick.
"I'm happy," Yatooma said. "It should have been more. I wish it had been more. In the world of lawyering, it's never enough."
Yatooma said in October his firm spent $735,000 trying to prove the city destroyed evidence that could shed light on the stripper's unsolved killing.
The judge also offered his personal assessment of Yatooma and his hourly rate.
"It is worth noting, however, that the $550 hourly rate charged by plaintiffs' lead attorney, Norman Yatooma, is comparable to the rates charged by the most experienced and accomplished attorneys in the Detroit metropolitan area," Rosen wrote. "Suffice it to say that, from the court's observations in the course of this litigation, Mr. Yatooma has not yet achieved this lofty rank."
Yatooma defended his hourly rate - and his abilities.
"It seems to me if the judge is looking for a lawyer, he'll have to look elsewhere," Yatooma said. "Federal court doesn't determine my rate. The market determines my rate. My clients are willing to pay $550 an hour for my time."
Judge unseals evidence in Tamara Greene lawsuit
Detroit News
January 9, 2012
A federal judge made public Monday thousands of pages of documents compiled as part of the now-dismissed $150 million lawsuit filed by the family of a slain stripper.
But the documents - depositions, affidavits and copies of court proceedings - offer few new details about a case that suggested the stripper was killed after she danced for former Mayor Kwame Kilpatrick at the Manoogian Mansion.
In November, Chief U.S. District Judge Gerald Rosen dismissed the suit brought by the family of the late Tamara "Strawberry" Greene. Rosen concluded there was not enough evidence to show municipal liability. He released the documents that supported his decision.
Greene, 27, died in a drive-by shooting in April 2003, several months after the alleged party. The lawsuit by attorney Norman Yatooma grabbed headlines for years, but no one ever proved a party occurred or her death had anything to do with it.
The documents include a handful of interesting snippets
The depositions grew so contentious that, in 2010, Kilpatrick attorney James C. Thomas challenged Yatooma: "Point your finger at me again and I'm going to break it off ... " to which Yatooma retorted: "Do that, do that now."
Kilpatrick declined to answer dozens of questions during two depositions, citing his rights against self-incrimination. He said he only recalled having sex once with Detroit police monitor Sheryl Robinson Wood, but couldn't recall details.
"I had a cheating spirit and I'm paying very dearly for it," Kilpatrick said in 2010.
He opened up about his feelings toward former Gov. Jennifer Granholm, who led ouster hearings against him: "We didn't have the best of relationships."
Former Police Chief Ella Bully-Cummings said, "I don't recall" or variations thereof more than 230 times during a five-hour deposition. She uttered the phrase so much - especially when it came to her opinion of former Deputy Chief Gary Brown - that Yatooma asked if she had a brain injury.
"You don't recall so many things, but here you don't even recall if you liked or disliked someone," Yatooma said.
One-time Police Officer Harold Nelthrope, one of three officers who won an $8.4 million whistleblower suit against Kilpatrick that ultimately led his jailing, told attorneys that Kilpatrick once gave them a Glock pistol to dispose of.
Kilpatrick brought the gun to Nelthrope and another officer, asking if they knew anyone who wanted to buy it, Nelthrope testified. They didn't, but took the gun; it disappeared the next day.
The released documents don't include depositions of former Michigan Attorney General Mike Cox , who deemed the party an "urban legend"; Kilpatrick's former chief of staff, Christine Beatty; his wife, Carlita; father, Bernard Kilpatrick; and two former bodyguards.
"A lot of the more compelling stuff is still remaining behind closed doors," said Yatooma, who is appealing the dismissal.
Tamara Greene documents unsealed
WXYZ-TV Detroit
Jan 10, 2012
Stripper case: Tensions high
Detroit News
January 10, 2012
Few revelations are detailed in thousands of pages of documents unsealed Monday from the now-dismissed $150 million lawsuit filed by the family of a slain Detroit stripper, but they show how contentious the case became for attorneys, investigators and others embroiled in it.
A federal judge made public Monday thousands of pages of documents that stem from the investigation into the slaying of Tamara "Strawberry" Greene, a 27-year-old stripper killed in April 2003, months after she allegedly danced for former Mayor Kwame Kilpatrick at the Manoogian Mansion.
In November, Chief U.S. District Judge Gerald Rosen dismissed the suit, concluding there was not enough evidence to show municipal liability. He released the documents that supported his decision.
Attorney Norman Yatooma's lawsuit grabbed headlines for years, but no one ever proved a party occurred or Greene's death had anything to do with it. Yatooma disagreed with Rosen's decision to keep some records sealed.
"A lot of the more compelling stuff is still remaining behind closed doors," said Yatooma.
The documents reveal anger by Michigan State Police investigators toward former Attorney General Mike Cox and his staff over handling of the investigation into the alleged party and the mayor's security team.
State police were brought in at the request of the city, but almost immediately clashed with Cox, who sought an equal role in the investigation.
Robert Bertee was the second-in-command with Michigan State Police when the Manoogian rumors exploded. In a 2009 deposition, he said he and his boss were troubled by the active role Cox's office took and were shocked when Cox himself chose to interview Kilpatrick without state police investigators involved and without recording the interview.
Bertee said he complained to Tom Furtaw, a Cox aide, that it was "absolutely unbelievable" that the attorney general would conduct the Kilpatrick interview.
"That's unprecedented in my 30 years in the Michigan State Police when working with local prosecutors, Attorney General's Office or United States Attorney's Office," Bertee said, the documents reveal.
Cox has defended his handling of the case, telling The News in 2008: "It was clear that there was not a party and there were no criminal acts. They (state police) had wandered off the farm.
"They had become obsessed with Manoogian Mansion and strippers."
The documents include a handful of other interesting snippets:
The depositions grew so contentious that, in 2010, Kilpatrick attorney James C. Thomas challenged Yatooma: "Point your finger at me again and I'm going to break it off and shove it ...," to which Yatooma retorted: "Do that, do that now."
Kilpatrick declined to answer dozens of questions during two depositions, citing his rights against self-incrimination. He said he only recalled having sex once with Detroit police monitor Sheryl Robinson Wood, but couldn't recall details.
"I had a cheating spirit and I'm paying very dearly for it," Kilpatrick said in 2010.
Years earlier, Kilpatrick acknowledged that some of his peers in the state house, where he was a representative, had a favorite place to meet: Strip clubs.
"... Unfortunately or fortunately, a lot of my colleagues in Lansing â€" not a lot, but a few of them, that's where they liked to meet.
"So in Lansing and in other cities around the state, you know, if that's where they wanted to meet, I would meet them there," he said in 2010.
Former Police Chief Ella Bully-Cummings said, "I don't recall" or variations thereof more than 230 times during a five-hour deposition.
She uttered the phrase so much â€" especially when it came to her opinion of former Deputy Chief Gary Brown â€" that Yatooma asked if she had a brain injury.
"You don't recall so many things, but here you don't even recall if you liked or disliked someone," Yatooma said.
One-time Police Officer Harold Nelthrope, one of three officers who won an $8.4 million whistleblower suit against Kilpatrick that ultimately led his jailing, told attorneys that Kilpatrick once gave them a Glock pistol to dispose of.
Kilpatrick brought the gun to Nelthrope and another officer, asking if they knew anyone who wanted to buy it, Nelthrope testified. They didn't, but took the gun; it disappeared the next day.
The released documents don't include depositions of Cox , who deemed the party an "urban legend"; Kilpatrick's former chief of staff, Christine Beatty; his wife, Carlita; father, Bernard Kilpatrick; and two former bodyguards.
Yatooma, who is appealing Rosen's dismissal of the Greene family case, said the testimony of six police officers, who were either demoted or terminated because of their investigation into Tamara Greene, were enough to go to trial.
"There has to be a reason why cops keeps losing their jobs for investigating those things relevant to Tammy Greene," Yatooma said.
"Those reasons should have been fleshed out in front of a jury. Rosen wouldn't let us. Hopefully the Court of Appeals will."
The Tamara Greene transcripts: Kwame Kilpatrick, Mike Duggan, Jerry Oliver and metro Detroit's "close-knit" political culture
MLive
Jan 10, 2012
Jerry Oliver ran Richmond’s police department for seven years before he was hired as Detroit's chief in 2002. Oliver says he was the first top cop recruited from outside the region in a half century.
Very quickly the standard media description for Oliver went from “reform-minded police chief” to “controversial police chief.”
He was drummed out of office in October 2003. The official reason for his resignation was a gun found in his luggage at Metro Airport.
As we learned from the text message scandal, that official reason for forcing Oliver’s resignation may have been little more than a Team Kilpatrick ruse to rid itself of a chief who mistakenly believed the Detroit Police Department exists to provide law enforcement instead of the political favor bank that Kilpatrick wanted.
Once Oliver was gone, Kilpatrick was able to replace him with Ella Bully-Cummings, a third-rate yes woman whose primary responsibility was to ensure rank-and-file officers knew “who the #$%&” Christine Beatty was.
But in his August, 2010 Tamara Greene deposition, Oliver suggests that opposition to his administration among Detroit’s leadership class went beyond the Kilpatrick flunkies. He blames then-Wayne County Prosecutor and current Detroit Medical Center CEO Mike Duggan for engineering the controversy over the gun incident.
Oliver describes the situation as essentially a paperwork error. He said that an assistant neglected to fill out a required disclosure form with the airline, but Duggan, as well as the Kilpatrick loyalists, used the misstep to get rid of him.
Remember, the reform effort Oliver spoke of wasn’t an arbitrary overhaul. It was required as part of a federal consent decree. The process, which began in 2003, was supposed to have been completed over an 18-month period. Nearly nine years later, the department reports as recently as yesterday that it’s “making progress” to comply with federal expectations.
Jerry Oliver could be viewed as a quintessential disgruntled ex-employee, and his criticism of Duggan might be an attempt to deflect responsibility for his own mistakes.
However, the text message transcripts confirm Duggan’s enthusiasm for going after the chief for the gun incident.
What’s more, at other times the text record show Kilpatrick and Duggan working together to put out the fire created by former Deputy Police Chief Gary Brown’s dismissal and subsequent whistle blower lawsuit.
None of which should be surprising. Duggan, like Kilpatrick’s father Bernard Kilpatrick, were key deputies to Wayne County’s long-time Executive Ed McNamara. The “AG” referenced in Ruth Carter’s text was Mike Cox, who (surprise!) had been a top assistant prosecutor in Duggan’s office.
Looking beyond Kilpatrick, Wayne County's Turkia Mullin’s severance scandal also connects to Duggan’s “coaching tree.” Azzam Elder, who approved the severance, worked in Duggan’s prosecutor’s office, and five of the seven airport authority board members that hired Mullin
work or worked for Duggan’s DMC or McNamara’s Wayne County administration.
If this city and this region were spinning like a top, perhaps we could accept the cliquish, insular leadership culture, but this is Detroit. Maybe—just spit-balling here—but maybe in the midst of all the local problems and controversies, we should be embracing fresh ideas from out-of-the-box leaders.
It seemed to work out well for the auto industry.
Unfortunately, true reformers, as Jerry Oliver presents himself, just don’t have a chance trying to clean up a pool patrolled by sharks like Kilpatrick and Duggan.
Depositions in Tamara Greene case unsealed
Click On Detroit
January 11, 2012
DETROIT – Want some light reading? Okay, that's a bit of a joke.
Here you will find the list of unsealed federal court documents in the Tamara Greene case against the city of Detroit.
Greene, an exotic dancer, was killed in a drive-by shooting in 2003. It was rumored that she danced at a never-proven party at the Detroit mayor's Manoogian Mansion that was thrown by then-mayor Kwame Kilpatrick in 2002.
Her family filed a lawsuit in 2005 on claims Kilpatrick and other high-ranking city officials thwarted the investigation into her death.
The family's attorney, Norman Yatooma, has said the city has repeatedly withheld records in the case and that evidence related to the case had been intentionally destroyed, specifically e-mails sent between officials on city-owned computers.
But U.S. District Judge Gerald Rosen threw out the $150 million lawsuit in November, saying there wasn't enough evidence that the investigation into Greene's death was sabotaged. That's why he has unsealed these depositions and affidavits.
Many more including testimony from Carlita and Bernard Kilpatrick, the wife and father of Kwame Kilpatrick, remain under seal.
Kwame Kilpatrick testified over two days in the summer of 2010 while in prison for perjury in the original civil lawsuit brought by two Detroit officers who were fired for investigating the mayor. The depositions of Gary Brown and Harold Nelthrope are among those unsealed. Other Detroit police employees talk about the urgent calls for police to come to the disturbance at the Manoogian Mansion in the fall of 2002, and how a police report of the assault on Greene by Carlita Kilpatrick has disappeared.
Was there a cover-up? Former Michigan Attorney General Mike Cox investigated and called the incident an urban legend. But state police investigators on the case testify they were upset when Cox pulled the plug on the investigation before they were finished.
Yatooma is appealing Judge Rosen's decision. The Greene family wants this case to go before a jury. The appeal will take several months.
Tamara Greene's attorney files appeal challenging case dismissal
Attorney Norman Yatooma says he is not giving up search for Detroit dancer's killer
Click On Detroit
March 20, 2012
DETROIT – Attorney Norman Yatooma says he's not giving up the search for Greene's killer even though the case was previously thrown out.
On Tuesday, Yatooma filed an appeal challenging a judge's decision to dismiss the case against the city of Detroit and former mayor Kwame Kilpatrick.
"Everything, for these young kids, as it relates to finding out what happened to mom, everything rides on this appeal," Yatooma said.
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He said the evidence speaks for itself: Police were demoted or fired, computer files were destroyed and witnesses are terrified to testify. He calls it a cover up.
"What is undeniable, what even Kwame Kilpatrick can't deny, is the party investigation happened. in two days, after the fruits of that party investigation were leaked to Kwame Kilpatrick, tampering occurred," Yatooma said.
However, insiders say the appeal is a waste of time and the decision will not be overturned, pointing out that Kilpatrick has already been questioned and few new pieces of evidence will be revealed.
A Grand Jury should investigate Manoogian party, Tamara Greene murder
Detroit Examiner
March 20, 2012
The legend of the Manoogian Mansion party in the fall of 2002 and the ensuing murder of a stripper, Tamara “Strawberry” Greene is, as former Michigan Attorney General Mike Cox called it, “urban legend,” or it is a case of a massive cover up.
Attorney Norman Yatooma, the attorney who sued the City of Detroit and former Mayor Kawame Kilpatrick on behalf of Greene’s family, recently had the case dismissed by U.S. District Judge Gerald Rosen. An appeal in the case is expected.
Judge Rosen has sealed the testimony of Mike Cox testimony in the lawsuit, which is absurd. Several sources, including a Michigan State Police investigator, have said that Cox prematurely ended the investigation. There have been some reports that Cox was at the party.
At the time of the alleged party and the investigations, Cox was an elected official being paid for with taxpayer’s dollars. There are a few things the citizens would like to know.
Mr. Cox, were you at a Manoogian Mansion Party?
If so, what did you see or hear?
Did you do anything to hinder the investigation by the Michigan State Police regarding this matter?
Were any deals made with Kwame Kilpatrick regarding this case?
We should be given the answers to these questions, not by a press release or conference, but under oath.
That civil case brought many facts and rumors out and something needs to be done about it. A grand jury investigation is a powerful tool and should be used in this circumstance.
There have been way too many rumors and there have been lots of indications of a cover-up in the matter.
The grand jury can start by questioning every officer who was on duty on the night in question. Simple questions, were you dispatched, or did you hear anyone dispatched to the Manoogian Mansion that night? If so, what did you see?
It is not proving that there was a party that is the issue, but if a party is proven it really puts a new light on the Greene murder.
Tamara Greene may have been a stripper; she may even have been a prostitute. That does not matter, she was a human being. Justice needs to be done, questions need to be answered. A Grand Jury needs to be impaneled in this matter.
Two cops: Unseal stripper interviews
Detroit News
March 20, 2012
Two Detroit police officers wrongly accused of attending the funeral of slain stripper Tamara "Strawberry" Greene are asking a federal judge to unseal their depositions.
Months after Chief U.S. District Judge Gerald Rosen threw out the $150 million suit filed on behalf of Greene's family, an attorney for officers Loronzo Jones and Michael Martin requested their interviews with attorneys be unsealed.
They want to use the information as they prepare for their case against Sgt. Marian Stevenson and the city. They argue they were punished for complaining to their superior officers about Stevenson's claim; a city attorney said in March 2011 that Stevenson recanted her testimony against Jones and Martin.
The two officers were bodyguards for former Mayor Kwame Kilpatrick and the suggestion they attended Greene's funeral got swept into the case against Kilpatrick and the city, which the Greene family claimed had blocked the investigation into her murder. Greene was rumored to have danced at a never-proven party at the mayor's residence in the fall of 2002. She was killed in April 2003.
Attorney Marvin Barnett also wants Rosen to unseal the deposition of the Rev. Kenneth Hampton, pastor of Grace Baptist Church, who had provided police with a copy of a videotape of the funeral. Throughout the case, Rosen ordered that many documents remain sealed. Following his ruling in November, he unsealed a number of items but left a number of others sealed.
Kilpatrick not 'urban hero' in new biopic
Local filmmaker loses Kilpatrick family endorsement
Click On Detroit
June 1, 2012
DETROIT – A local movie producer familiar with the streets of Detroit set out to make a movie that would make Kwame Kilpatrick look like an urban hero, however, that isn't how the film turned out.
As a young, aspiring film maker, Flip Willson said he looked up to Kilpatrick when he was first elected mayor.
"He actually gave me some things to identify with as a young man," Willson said. "And just the sheer fact that he was 31 years of age when he was elected, the youngest mayor of Detroit."
Now a decade later, Willson is about to release a movie about the man who inspired him. Willson said he originally decided to "go out and make Kwame the hero."
With Kilpatrick as the hero, it was exactly the kind of movie the former mayor's family wanted to get involved with.
"We went to him morally because we wanted to show him the film before we put it out and asked him to actually endorse the film for us," Willson said.
Willson said the Kilpatrick's loved how the film began, comparing Kilpatrick to Coleman Young, the city's first African-American mayor.
"To this day we know that Coleman Young was scrutinized and had a lot of allegations thrown at him," Willson said. "But he's still a hero in the public's eye and a lot of people believe that about Kwame as well."
The movie says Kilpatrick took over what Young started, a movement to empower African-Americans in Detroit. A position Willson says made true by the people of Detroit.
"It's valid because the way the public, the way Detroit is feeling about Kwame and Coleman Young, that's what makes it valid," the producer said.
Kilpatrick agreed to be interviewed for the film and his sister, Ayanna Kilpatrick gave detailed notes on what to keep, what to cut and what to change. But then, Willson said, something went wrong.
"We had a situation where the film started out excellent, they loved it, but the way we portrayed him in certain scenes, they weren't comfortable with," Willson said.
Willson said as he worked his way through the city's neighborhoods, he realized Detroiters did love Kilpatrick, but they also felt betrayed.
The movie makes some mistakes, giving credit to Kilpatrick for bringing the Super Bowl and stadiums to Detroit, when those deals were done during Dennis Archer's administration. The movie uses local and national news coverage to tell the story, but also offers unique insight from citizens, going to neighborhoods where Kilpatrick grew up and talking to many of the people whose voices had not yet been heard.
The movie also includes segments on Kilpatrick's failures with Christine Beatty, questions about the death of exotic dancer Tamara Greene and allegations of theft, bribery and conspiracy in the federal criminal case—all which cost Willson the Kilpatrick family's endorsement.
"They wanted to re-edit the film, put their spin on it and I just felt like it wouldn't be the untold story if we just gave one opinion," Willson said.
The film "Kwame Kilpatrick: The Untold Story" will be released June 4.
Lawyers want Greene appeal on fast track
Detroit News
July 30, 2012
Detroit - The family of slain exotic dancer Tamara "Strawberry" Greene wants to fast-track an appeal of a judge's dismissal of a $150 million civil lawsuit against the city and former Mayor Kwame Kilpatrick.
Greene's family asked the 6th U.S. Circuit Court of Appeals in Ohio on Friday to expedite oral argument before the end of the year, saying too much time has passed since the woman's unsolved slaying in 2003.
And a new court filing indicates Greene's killing in a drive-by shooting is being probed by the Michigan State Police Violent Crimes Task Force.
"The events leading to this action occurred began 10 years ago, witnesses' memories have been fading, witnesses have died or disappeared, and documents have disappeared," Greene family lawyer Howard Lederman wrote in a request filed Friday.
The appeal was filed in late November, three weeks after Chief U.S. District Judge Gerald Rosen dismissed the lawsuit, which accused Detroit and Kilpatrick of quashing an investigation into Greene's death in 2003.
Greene, 27, was killed in a drive-by shooting several months after she was linked to a rumored, but never proven, party at the mayoral Manoogian Mansion in fall 2002.
The appeal brief was filed under seal, but Kilpatrick and the city have replied, urging the appeals court to affirm Rosen's dismissal.
"To date, despite all of the depositions and avenues provided to gather discovery, not one individual came forward and testified that Kwame Kilpatrick obstructed or interfered with the investigation of the homicide of Tamara Greene or that Mr. Kilpatrick conspired with anyone to obstruct or interfere with that investigation," the former mayor's lawyer Michael Naughton wrote.
Greene's family failed to show Rosen erred in dismissing the lawsuit, city lawyer John Schapka wrote.
"Plaintiffs persist in arguing the same inadmissible matters which failed them earlier, all the while proclaiming that the district court ignored their 'evidence,'" Schapka wrote.
In dismissing the lawsuit, Rosen concluded there was not enough evidence to show municipal liability and said none of the officers testified they were forbidden from investigating Greene's death.
The dismissal included a sharp rebuke of Kilpatrick's scandal-marred tenure.
"Nothing in this opinion should be construed as the court's having turned a blind eye to the dismaying and distressing record compiled during the Kilpatrick administration, with its numerous instances of unethical conduct, criminal wrongdoing, official hubris and utter disregard for the obligations owed by public officials," the judge wrote.
The city says Greene's death was not connected to a rumored party and suggests Greene was killed after being caught up between two alleged drug dealers.
A retired Detroit Police homicide detective testified during an unrelated trial that he believes Darrett King shot Greene on April 30, 2003.
Former homicide investigator Mike Carlisle testified that evidence against King is strong, but circumstantial. Carlisle was unable to persuade Wayne County Prosecutor Kym Worthy to charge King with Greene's death.
King has denied killing Greene.
King has admitted knowing and arguing with Greene and Eric Mitchell, Greene's companion when she was shot. King's wife owned a car that matched the one Greene's killer used. King is left handed, just like Greene's killer. And another felon was prepared to testify that King had bragged about killing Greene, Carlisle said.
In 2009, King was sentenced to 19-30 years for unrelated crimes.
Case of slain Detroit dancer, Tamara Greene, gets another hearing
Click On Detroit
August 16, 2012
The on-again, off-again case of Tamara Greene's murder was at the heart of all of former mayor Kwame Kilpatrick's legal troubles. Now, it's back on again.
This past fall, Judge Gerald Cohen dismissed the suit against Kilpatrick and the city of Detroit. He said Greene's family's case lacked evidence to go before a jury.
The suit, filed on behalf of Greene's children, claimed Kilpatrick and the city denied Greene's family its civil rights by squashing the investigation into her death at every turn.
Attorney Norman Yatooma has fought the case for nearly fives years now. He believes the appeals court's decision not to only hear the case but to do so in expedited fashion speaks volumes for his effort.
"The rulings in this case have been absolutely outrageous, absolutely preposterous," said Yatooma. "It is absolutely unimaginable that the appeals court won't overturn them."
The judge ruled there needed to be evidence of a citywide policy which prevented any investigation into Greene's murder.
There was an investigation but testimony in numerous court cases showed officers who came into contact with the Greene case file ended up unemployed or demoted. In some cases, the officers were fearing for their lives.
"Six cops punished for daring to do their job and investigate this case. That in itself is a trial and we didn't get it," Yatooma said.
Detroit city attorney John Schapka did not return Local 4's call for comment.
Kilaptrick's lawyer, Jim Thomas, said he expected the appeals court to hear this case. He believes Judge Cohen had it right and he is looking forward to defending Kilpatrick and winning that case, too.
Kwame Kilpatrick's legal woes refuse to go away
Rod Meloni discusses former Detroit mayor's mounting legal trouble
Click On Detroit
August 16, 2012
DETROIT – Kwame Kilpatrick recently proclaimed he won't go to jail. There are some prosecutors who beg to differ.
The IRS and the Securities and Exchange Commission are likely to join them. But, should Kwame have correctly predicted his future living arrangements he still has a lot of potentially expensive nagging legal problems.
The federal civil rights lawsuit filed by exotic dancer Tamara Greene's family simply won't go away. It's been nearly a decade since "Strawberry" was murdered. There are a couple of theories about how and why she died. One says she was killed after a fight at a party where competing drug dealers wanted her affections and the rebuffed kingpin allegedly wanted her dead. The other is that because of the number of shots fired into her car that a police weapon was used.
As it stands right now though, no one knows which is true and it is likely we may never know; even if this case goes to trial. The reason: the lawsuit does not set out to find out who murdered the woman who allegedly danced for Kwame Kilpatrick at that long ago, never proven, Manoogian Mansion bachelor party and was allegedly battered and bruised by Kwame's wife Carlita in the process. It sets out to show Kilpatrick and his underlings in the City of Detroit and its police department went above and beyond the call of duty to see to it no one ever fully investigated the case.
I have personally heard sworn court testimony to that effect in a number of whistleblower lawsuits. City Council Member Gary Brown's case was one. He was the head of DPD Internal Affairs when his office started looking at the Greene case after one of Kwame's body guards, Harold Nelthrope, came forward with some claims in the Greene case. Brown ended up fired.
The sad case of former Homicide Bureau Chief Harold "Sid" Bowman was another. Bowman was the head of homicide on a Friday when he suggested officers under his command start looking into the Strawberry murder. When word leaked around the City over the weekend, Bowman found himself working the overnight shift on patrol in a precinct filled with Kwame's friends the following Monday.
Bowman was so concerned for his personal safety he retired, filed a whistleblower lawsuit against Kilpatrick and the city and won $300,000. His payment came before the monstrous headlines that the Brown case made so his payoff was considerably less than the millions Brown was awarded. But the testimony and the result in that case are compelling to say the least. One of the themes in both cases was that the Tamara Greene case file kept getting smaller every time investigators were able to even find it.
Yet, that evidence and more like it never seemed to matter to Judge Gerald Rosen. He was very specific in wanting to see evidence that showed there was some written policy by the city or Kilpatrick himself that precluded anyone from investigating the Tamara Greene murder. It did not exist and he tossed the seven year old case last fall.
Now, he is a federal judge and has forgotten more law than I will ever know. In his learned opinion the case tried by attorney Norman Yatooma simply did not rise to the level of a trial, that it lacked evidence to get there.
Yatooma became a household name during this process and today he told me he is happy with the appeals courts' decision. Here is why he believes he can win. "The federal court lambasted Kwame Kilpatrick and the city lawyers for destroying evidence, [thousands of emails Judge Rosen ordered preserved] lambasted them saying their actions were willful, wanton, malicious; to say they acted in bad faith was an understatement! And for what? For destroying evidence! And then, moments later dismissed our case for lack of evidence. Those results are schizophrenic and can not exist next to one another." Rosen's ruling stands, unless and until an appeals court says otherwise.
Well, we're about to find out whether Rosen's logic will stand. The sixth circuit appeals court in Cincinnati has granted an expedited appeal of the Tamara Greene case. Appeals courts hand out expedited appeals like manhole covers, which is a signal there is some urgency here. The clerk of the court told me today the hearing will happen before year's end.
I also spoke with Jim Thomas, Kwame Kilpatrick's lawyer for the past four years. He believes Rosen got the case right. He also says he expected the appeal and expects to win the case. He said he is looking forward to pleading the appeal.
The beat goes on, this case, among the many, providing never ending drama and headlines. Kwame wishes this all to go away, but here we are with litigation that extends as far as the eye can see.
Appeals court ruling breathes new life into Tamara Greene family's civil action
Detroit Examiner
August 17, 2012
The five-year-old Tamara Greene federal lawsuit, dismissed by the district judge last fall, has been given a breath of life. The 6th Circuit Court of Appeals Thursday granted an expedited hearing of the case.
As an attorney familiar with the ways of the court, this examiner agrees with plaintiffs’ counsel Norman Yatooma that the order expediting the hearing bodes well for Greene’s children.
Greene was killed in a drive-by shooting in the spring of 2003.
In brief, the civil action alleges that defendants city of Detroit and former Mayor Kwame Kilpatrick methodically quashed the investigation into the homicide.
District Judge Gerald Cohen tossed out the suit for lack of evidence sufficient to submit the matter to a jury. In doing so, the judge set the bar of sufficiency high, holding that plaintiffs had to proffer evidence of a city wide policy to prevent any meaningful investigation.
Yatooma castigated Cohen’s rulings as “absolutely outrageous” and “absolutely preposterous."
According to Yatooma, the testimony taken during the discovery period showed that officers who worked the Greene homicide investigation were canned or demoted. A total of six officers were so punished, sending a clear message to other investigators.
No one has been arrested in the homicide case, now grown cold.
Greene, a stripper using the stage name “Strawberry,” is alleged to have danced at a never-proven party at the Manoogian Mansion.
According to WDIV-4, Greene may have been killed by a drug dealer whose amorous advances at a party were rebuffed.
The gun and ammunition used by the shooter resemble those used by the Detroit police department, sparking conspiracy theories.
If the appeals court finds sufficient evidence to satisfy the legal standard set forth by Judge Cohen, or it believes the legal standard itself is erroneous, the case will be remanded for further proceedings in the lower court.
Kilpatrick lawyer has a chance against feds
Daily Tribune, The (Royal Oak, MI)
September 22, 2012
Despite the seemingly overwhelming public perception that Kwame Kilpatrick will be convicted of federal corruption charges, the former Detroit mayor won't go down without a smart, realistic challenge orchestrated by a Macomb County attorney.
James Thomas of Harrison Township is one of the top criminal defense attorneys in metro Detroit, winning many high-profile cases.
He will give federal prosecutors all they can handle in his defense of the beleaguered former Detroit mayor, according to several attorneys.
He's described as smart, prepared, no-nonsense.
'He is very intense, very bright, very well-organized,' said Larry Scott of O'Reilly Rancilio P.C. in Sterling Heights, which recently added Thomas and his co-counsel, Michael Naughton.
After a year of anticipation and weeks of jury selection, the trial began Friday with opening statements from prosecutors and attorneys for the four defendants, also the ex-mayor's father, Bernard Kilpatrick; his longtime contractor friend Bobby Ferguson; and ex-city water director Victor Mercado in U.S. District Court in Detroit,
Thomas has been representing Kilpatrick for several years - gaining a dismissal of the civil lawsuit over the Tamara Greene death - but his efforts have intensified in the past weeks and months.
'He doesn't talk about the case much, but he's been working hard in the office nights and weekends,' Scott said.
'He's very zealous in fighting for the interests of his client, and very ethical in doing it,' said attorney Tony Rusciano of West Bloomfield who worked with Thomas at his prior firm, Plunkett Cooney in Detroit. 'I think the world of him.'
Named as one of the 100 best trial attorneys in Michigan by the American Trial Lawyers Association, Thomas has a gift of authenticity, able to connect well with juries, Rusciano said.
'I think juries like him. He has a knack of connecting with people,' he said. 'Jim is very good at getting to the heart of the matter. He can be a force when he needs to be but he is an authentic person to a jury.'
Thomas at one time was retained by Kilpatrick, but for this case is court-appointed due to Kilpatrick's financial condition. Thomas and Naughton are earning the federal rate of $125 per hour, substantially below his standard fee.
Thomas' and the ex-mayor's relationship has been strained at times, with missed meetings and meetings ending in shouting matches. Kilpatrick last month tried to have Thomas removed from the case after the former mayor learned Thomas represented Gasper Fiore, who is a witness in the case, in 2005.
Thomas in an Aug. 14 broadcast report said, 'Should I have seen it sooner? I mean in hindsight, I guess I could say, I could have seen it sooner, I would have loved to have brought it to the court's attention before this, but it didn't reach a critical phase until last week.'
Judge Nancy Edmunds rejected the motion, after she reminded Kilpatrick that in a meeting not long before the motion, he said he loved Thomas.
Kilpatrick responded in court, 'I do love Mr. Thomas. I never said I trusted him,' according to the report.
Peter Henning, a law professor at Wayne State University and former federal prosecutor, said although he knows Thomas only by reputation, he believes Thomas and Kilpatrick have a shot at acquittal.
U.S. attorneys will have their hands full due to the complexity of the case, including racketeering charges (criminal enterprise), which is among the most difficult charges to prove, he said.
'It's not an easy case. This is a complex set of charges,' he said. 'It's not like you have a dead body and blood and a gun. Was there a crime at all? Was there criminal intent?'
Henning said he expects U.S. attorneys to initially lay the foundation with records such as bank and financial statements, and wiretap recordings. Then they will try to support records with the testimony of many former associates of Kilpatrick who have agreed to testify against him and plead guilty to a crime in exchange for a lighter sentence.
'You don't hang your hat on corroborating witnesses,' Henning said. 'But you (the witnesses) don't admit to crimes for the fun of it.
'That's the Greek tragedy part of this case. The former mayor counted on the loyalty of his friends. Many of these people were high school friends. Those are long friendships. Now they're turning on each other. It could get messy.'
He said he expects that Thomas and the other defendants' attorneys will try to 'pick apart' the case and slow it down so the jury will get bored and/or confused, he said.
Thomas will have to try to undermine witnesses during cross-examination. 'He'll try to trip them up, and say they're trying to save their own skins,' he said.
In his opening statement, Thomas referred to the reality of the marriage between politics and money.
'You're going to learn about politics,' Thomas said. 'Politics is like making sausage. You know it's not pretty; it's messy. But once it's cooked, it tastes pretty good.'
Thomas told The Macomb Daily on Saturday that the case is one of the most fascinating of his career, which included the first terrorism trial after Sept. 22, 2001, and the Hutaree Militia case, both of which ended in acquittals of the main charges for his clients.
'It's complex, it's multifaceted,' he said. 'There's several different type of charges.'
He acknowledged the prospect of battling the feds.
'They have seven prosecutors and an army of FBI and IRS agents,' he said.
He said that during jury selection he was concerned about the extreme volume of media coverage. He was worried about juror intimidation due to a newspaper article about a juror in the prior trial of co-defendant Bobby Ferguson and that the jury's racial makeup could fall short of 23 percent black in the geographic area of the jury pool.
He filed a motion for a change of venue from the Eastern District of Michigan of federal court. The judge denied it.
The jury includes five blacks and one other minority, he said.
'We have a good jury,' he said, adding that the lost change-of-venue request will 'preserve' the issue in case of an appeal.
Thomas is glad to be joined in the courtroom by co-counsel Naughton, who is nationally recognized for his computer expertise. The entire case's evidence can be found in a computer 'cloud' that can be accessed by the relevant people.
Thomas periodically has represented clients in Macomb county courts. Last year and early this year, he represented Giuseppe D'Anna for his attack on a competing Italian restaurant owner in Shelby Township. Thomas gained a plea deal to a lesser charge that resulted in a two-month jail term.
Thomas, 65, grew up on the east side of Detroit, where he received all of his schooling. He graduated from Austin Catholic Prep in 1965, and then Wayne State University and Detroit College of Law.
He practiced with Matry Thomas, the brother of famed journalist and Detroit-native Helen Thomas, and Bob Garvey, who currently practices in St. Clair Shores.
He raised two children while living in Grosse Pointe and moved to Huron Pointe in Harrison Township about 10 years ago, where the former high school and college swimmer can fulfill his love of the water.
'We're avid boaters,' he said of he and his wife, Melanie.
He has two adult daughters and two stepsons.
The post-prison update on convicted Police Sergeant Wedad Elhage (Part 1 of 6)
Detroit Examiner
September 22, 2012
In 2011, Detroit Police Sergeant Wedad Elhage was convicted of aggravated stalking of her 8-year domestic partner, Wayne County Prosecutor Shelley Drain. In an unusual case that condemned a much-decorated and accomplished street cop, the proceedings swerved into questionable legalities.
To astute researchers, the case brims with blatant inequities as well as abuse of official power and a seamy network in the Detroit judicial and prosecutorial system.
And that atmosphere continues for Elhage.
Although official records fail to support any evidence of undeniable guilt — such as definitive license plate identification, verified IP addresses, broken bottle evidence — these and more means could, and would, have exonerated her. But, the trial featured missing physical evidence, failure to produce taped recordings or text messages used to convict by mere word of mouth, contradictory records and logs, missing facts and what the defendant says were lies told under oath.
In American jurisprudence at its worst, it merely showed that a Detroit policewoman who also happens to be a lesbian won’t get a fair trial here. The entire case seems to hinge on rumor, conflicts of interest, unsupported allegations and outright entrapment, some of which was even admitted to during depositions and on the witness stand.
It also underscores that those who cross a Detroit judge or politician will pay dearly.
Elhage’s conviction followed a case pushed to fruition by Drain’s father, Judge Gershwin Drain, a major influence in his daughter’s relationships. The case headed toward court when the elder Drain was reported to have been unsuccessful at buying off Elhage.
Gershwin Drain is also the newly appointed Detroit federal judge, who was nominated by President Barack Obama and championed for that role by 33-year incumbent Senator Carl Levin (D-MI) and 11-year incumbent Senator Debbie Stabenow (D-MI)
Contribution records indicate that not only has he frequently contributed to President Obama’s coffers, but also to those of both Levin and Stabenow.
Gershwin Drain was approved by the U.S. Senate on August 8, leaving his most recent stint with Detroit’s Third Circuit Court.
Since publication of previous articles about Elhage, Examiner readers and court insiders also allege other questionable cases involving Judge Drain, characterizing a dubious character while on the bench. His overall creditability comes into question repeatedly by those who have experienced his domain, as does the character of other witnesses and officials who appeared in the case against Wedad Elhage.
Elhage says his internal affairs deposition blatantly reflects his disdain for her sexuality by his referral to her as “a thing.”
“I was called ‘a thing’ rather than by my name,” she said. “I know well his viewpoint.”
That raises serious questions about bias as Judge Drain heads into hearing federal cases. Should this type of judge even serve on the bench, let alone a federal one?
Despite her sexual orientation, the 6’2” Elhage was a favorite officer in executive security detail, consistently chosen to protect high-profile figures, and she has certificates and photos to corroborate it. Those include President Bill Clinton, Vice President Al Gore, and celebrity politicians, like former cop/City Council President, and sometimes Hollywood actor, Gil Hill.
She met Shelley Drain in 1999/2000 at a Dennis Archer event, where they were both introduced to the MEL program. It entailed talking to Detroit students about law enforcement, and discussing gang violence, drugs and other inner-city temptations. Through that common interest, Drain and Elhage socialized, then dated and moved in together.
“I had dated many of the women in the prosecutors’ office, and for years, although it was well known, we lived in peace,” said Elhage. “But, as this case against me progressed, I knew I had too many people coming out against me because of other things, even though they were irrelevant to my case. For instance, I had testified in a prosecutor’s divorce case years before about her drinking, and I knew well about prosecutors and other officials drinking, gambling, watching porn while on duty and more.”
Elhage says people with axes to grind came out of the woodwork to weigh in on her case, primarily because they knew Gershwin Drain was on Obama’s short list of nominees. They put, she says, their own political aspirations before her lifelong career, and the truth, to stay on Drain’s good side.
Elhage still mentions a veritable who’s who of Detroit among those she’s met or hobnobbed with, including then-Senator Barack Obama. She also says many know how hard she worked and would recommend her — people like former Police Chief Isaiah “Ike” McKinnon and current Chief Ralph Godbee, Wayne County Sheriff Benny Napolean, former Mayor Dennis Archer and former U.S. Secret Service Head Reggie Ball.
“And, that list goes on,” she said. “My comrades from the police department — and I have gotten about 100 calls from them since I was released, including commanders, lieutenants and officers — my instructors who knew me from working on my master’s, people from the community who know me, too.”
Elhage was nominated by crime victims’ families in 2002 for Officer of the Year for closing the most cases, also receiving the governor’s award and a city resolution that year. She calls the latter honor unusual, with resolutions typically only given in the event of retirement or death.
Following Elhage’s release from Huron Valley Correctional Facility in August, she agreed to talk exclusively with Examiner about her experience, her background in law enforcement, the Kwame Kilpatrick investigation she worked on and her future.
They shut you up and locked you down.
Q: When it comes to hard evidence of your guilt in this case, it seems to be lacking overall. Yet, you were soundly convicted and are still subject to such limitations as having to wear a tether for 24 months, home confinement without pre-arranged permission even for medical emergencies, cannot own a computer or cell phone, had all potential household weapons confiscated and so on. Even with your release, you have compared that to prison. You have continued to try to unravel complications in your case and unfair treatment.
Recent prison stories in the news have centered on DNA evidence and defendant release, such as in the local case of the Highers brothers. What are your thoughts on being freed and cleared as a result of scientific assistance?
A: There are certainly innocent people out there who have been convicted — and I am one of them. When DNA proof can clear them, that is indisputable fact that courts must address.
However, in my case, no DNA exists, so I do not have that option.
Q: Much press has also been devoted to the cases being followed up on by The Innocence Project and in convictions such as with The West Memphis (Arkansas) 3, who have since been released through various plea arrangements and further investigation. A movie is now being made about the WM3 and its terrible police work and lying witnesses that convicted the defendants. Your thoughts?
A: It is much harder to prove that people lied under oath or cut various deals to send someone up. In my case, people would have to be willing to come forward and admit their perjury and/or they destroyed “lost” evidence or had personal agendas, and that could affect their careers.
Or, I need a person in a position of power to look at this case in its entirety to see how I was railroaded. It is a case of one thing after another to get me out of circulation, and I had a long line of people I crossed in the course of my work with the police department on the Tamara Greene murder case and other high-profile instances. I was not shy about calling corrupt situations what they were and if I felt people covered evidence up, hid things or did other unethical or illegal acts in a case, I was not quiet about it. That did not earn me any friends in the ranks of the corrupt in Detroit, which were and are many. In spite of the jailing of Kwame and others, that issue, and the hierarchy who created that environment, is only now being dealt with.
Let’s discuss the trial and being in jail.
Q: You were in custody at the Wayne County Jail from December until the trial date on February 20. Why so long?
A: They have to try you in the average of three months, 180 days, unless you are bonded out. In my case, they had two $500,000 bonds on me for an equivalent of $1 million for their charge of aggravated stalking.
Many are held for far less, even sex offenders, hit-and-runs, violent criminals and murderers, who might typically be held for $10,000, but they held me for a million.
Q: Walk me through a typical day for you during your incarceration in the Wayne County Jail and subsequent trial.
A: They had me on lock-down 24/7, in a private, high-security area. The nights were endless, the days were very long. I would try to run in place and do sit-ups, but I felt like I was going crazy; I felt depressed, and that affected my energy level. I would pace back and forth. I wasn’t in general population; they had officers come and talk to me, but it felt like being a lion or tiger (in a cage), reaching for the sky when you can’t go anywhere. I was in the cell that the former mayor, Kwame Kilpatrick, was in — and had a private shower, private bathroom, with cameras on me the whole time. That was surreal, since I had been involved earlier in the Tamara Greene murder that investigated his involvement.
Q: How were you treated while in custody by personnel, your former coworkers, bosses and peers?
A: Most of the time, they were courteous, until the end of the trial. That’s when they used a Wayne County sheriff as a courtroom officer. He was always making prejudicial comments in front of the jurors and cracking jokes about my sexuality, rude to my family and did what he could to hurt my case. He was also abusive; he smacked me and grabbed me, shoving me around, like into the wall — and he made sure he pushed me around in front of the Drain family. Officers knew what was happening to me was wrong, but no one intervened. I’ve always thought our system is fair and just, but the people we select, elect — even the jurors — can be persuaded and manipulated.
I witnessed many things over the years as an officer, but this was unlike I ever even believed it was.
Q: Were there any repercussions of that type of rough handling?
A: Well, the jury verdict didn’t go as I had hoped. I also tried to lodge a complaint about the abuse, but never heard anything back, as a result.
Don’t miss Parts 2, 3, 4, 5 and 6 — spanning from life and corruption at Huron Valley, behind the scenes in the Tamara Greene shooting, other corrupt Detroit leaders and what the future holds for Wedad Elhage, the cop who was sacrificed for politics.
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The post-prison update on convicted Police Sergeant Wedad Elhage (Part 2 of 6)
Detroit Examiner
September 22, 2012
The following is a continuation of Part 1 in the post-prison interview of Wedad Elhage.
Let’s discuss the trial and being in jail.
Q: How did you keep yourself sane during that event, and overall, while awaiting the outcome of the accusations?
A: I was worried about my future, my career, my family — so much that I couldn’t sleep with so much on my mind. They put me on pills at the county — Seroquel* — and the idea was to take off the edge, like with a low Valium, but it made me drowsy and numb and I couldn’t handle the courtroom lights or what was going on. I was not familiar with this medication; the nurses began giving it to me in the mornings, but then began coming at sporadic times. Often they were running late, sometimes didn’t come at all and sometimes would give me a dose at 9 or 10, other times at 11. I tried to remain coherent, but it dazed and affected me on the stand, too, and I asked my attorney for help that never came.
*(Editor’s Note: Per drugs.com, Seroquel is used in the treatment of depressive and acute manic episodes of bipolar disorder by regulating the balance of brain chemicals. Elhage was never diagnosed as bipolar, nor has she had any symptoms associated with it.)
Q: How would you characterize the attorney/client relationship with your defense counsel, Chuck Busse?
A: He was useless. We never officially prepped for my case; we barely talked about it. He’d arrive late for our appointed times to meet, and then only wanted to talk about his girlfriend, leaving us so little time. There were solid witnesses he was to call and testimony he was supposed to pursue, but he changed how we were to approach the various issues, urging different stories than the truth to be told. And, I never had the full opportunity to address the charges or tell the truth in court because the judge and prosecutor kept shooting me down and my attorney would not object.
Prior to my arrest, I kept telling him I was being followed and that I was under surveillance. Knowing that, why would I go and do something to damage my career and credibility or have to tell anything but the truth on the stand? That was never addressed.
But, the drugs given me in the county jail affected me terribly, and he took it upon himself to take control over things, like when he brokered a deal that I plead guilty and wouldn’t have to do any time. I didn’t even know he was doing things like that, although it never materialized anyway. (Detroit Police Department) Internal Affairs Commander Brian Stair created another deal — I still have this text message and those that followed — that one of my witnesses and I were to redo Stair’s kitchen as part of my plea. I was never conferred with about this, and as a result, lies were told on the stand under oath, including him claiming that I called him and said this incident with Shelley wasn’t “done.”
Stair was promoted by Kwame’s administration, and there is a real history there. In my case, lies were told by him and others; I did not follow through on that kitchen thing — I did not want the arrangement — it was corruption.
The stories told on the stand did not match with what really happened, and even other officers in on the original complaints, like some through the Canton police department, didn’t know what was being talked about when the final testimony and documents resulted. That’s because others than me devised a strategy for this case that was not based on truth.
It was my life and career in the balance. I loved my career; I’m 47 now and my entire world since age 21 was involved in criminal justice. And now I have served time for a conviction.
Q: You were convicted of aggravated stalking, but there does not seem to be recorded evidence of any acts of violence between you and the complainant. Were there any activities involving a gun, knife, fists, other weapons or other aspects of physical violence directed at her throughout your time together or the development of this case against you?
A: Never, never, never. In fact, at the preliminary exam, she testified that she never feared me. But, that fact was never raised at the trial, especially by my attorney. Like with any other couples and marriages, we argued, raised voices at times, yes. But she knew I was never a violent person. And, she still does.
Q: What kinds of feelings were exchanged between you and her during your 8-year relationship?
A: There was love between us, of course; we were a couple, even though she would spend holidays, like Thanksgiving and Christmas, with her family. We worked together, both fulltime during our jobs and also part-time, when we did security. We bought homes together, we lived and traveled together, I bought her jewelry and other gifts. I also encouraged her, built her up, and think I made her stronger and more aware of her personal and professional appearance. I gave her confidence in her work and encouraged her to help other women during her career. Where she was passive or timid, I helped to make her feel more confident.
There was a time when she was in trouble because she used to lose a lot of cases in her court and I went and sat in her courtroom to see if I could determine why, then helped coach her to gain more confidence.
Q: Shelley’s background, her history with her father and issues that resulted from her childhood, seemed to figure into this case and your relationship from the beginning. Even after this case began, she continued to confide in you, right? About issues that impacted her adult relationships? And it was while responding to some of her problems that you dug yourself in deeper, later to be prosecuted, tried and persecuted?
A: Yes, I responded when she was in need or others told me she was, and some of those very times are how I was entrapped. There were many issues discussed between us over the years and I kept all of those confidences and was loyal to her.
I wish her the best of luck and hope she gets past her problems. But, I have moved on in my life.
Q: Yet at the end, during the trial, she stated that she was afraid of you?
A: She testified that she was holding a gun, never knowing what window I was going to come from, which was ridiculous. I got her a Glock 27 for her birthday, and used to take her to the range; we would practice target-shooting together. That’s because we used to work part-time in security for a company called LSS, Legal Strategy and Security, and that gun was for her protection on the job. She had a CCW and also used to do surveillance with me in domestic divorce cases and so on.
I was professional in my job and giving in our relationship. I never put my hands on anybody except the bad guys who resisted arrest or tried to fire at me or my department partner.
When the cops needed a cop, they called me.
Q: As a former officer, what is your take on being accused, and then convicted, of aggravated stalking?
A: As a former officer, I know full well that 98 percent of these cases involve violence and stalkers deserve to be in prison. But that never happened here. The only things we both did as this case was developing was email and talk by phone. I wished her happy birthday, happy holidays and so on, and she answered them or contacted me first. That was from about April until July. She, meanwhile, called me, too. But, no evidence was presented to illustrate this aspect in the case. Any evidence was purely circumstantial, such as the broken glass and nails in her driveway she accused me of leaving. I never did that. And, if that did happen from someone else for which I got blamed, why did she clean up the glass and then take pictures of it to the police department to make a complaint and name me as the person who did it? Wouldn’t you want it investigated IN the driveway and substantiated?
And the threats they claim came via email? They never provided the IP addresses or copies, but accused me anyway. Also, even the complainants couldn’t agree on the so-called voices on phone messages they claim were left; her dad said it was a man’s voice, Shelley said it was a woman.* They never produced the tapes, either.
Yes, at the end, I did lose my emotions as this case escalated. I admit that I called her obese, a deceiving bitch and some other names. But, (gestures toward her late father’s framed wall photo) I swear on my dad’s name and grave, none of those other things happened that I was accused of.
*(Editor’s Note: Complainant paperwork states that there were no messages left — just hang-ups — during receipt of any alleged calls. Similar contradictions reverberate throughout official documentation as well as trial testimony.)
Q: How did the day of the verdict unfold?
A: I knew it was bad because the jury came back with the verdict pretty quickly and usually that does not favor defendants. My attorney’s intern came to tell me my lawyer was running late and was unavailable for the verdict’s announcement. They only did a telephone conference with the jury to get the actual verdict.
Q: Did you plan to appeal?
A: I signed a paper to pursue an appeal, and he promised he would come and see me to strategize that, but he never did. I called him a couple of times when I was finally able to make calls after my initial 90 days’ quarantine from prison and he’d hang up the phone. He made a deal without my knowledge or approval with the case’s prosecutor, Michael King, saying that I was guilty — because he said he knew I would never go for it. I just wanted to be defended with dignity and honesty, not have people step outside of their bounds, have so much control over my future, or resort to lies in court. I feel that if the truth is told, then it is better all the way around for everyone.
I have too much respect for the system and I know it can work. It just didn’t under these circumstances in my case. They convicted an innocent person.
Don’t miss Parts 1, 3, 4, 5 and 6 — spanning from life and corruption at Huron Valley, behind the scenes in the Tamara Greene shooting, other corrupt Detroit leaders and what the future holds for Wedad Elhage, the cop who was sacrificed for politics.
The post-prison update on convicted Police Sergeant Wedad Elhage (Part 3 of 6)
Detroit Examiner
September 22, 2012
The following is a continuation of Parts 1 and 2 in the post-prison interview of Wedad Elhage.
Q: Describe the prison environment at Huron Valley.
A: I shared a 4’x9’ cell and was supposed to be in low security, Level 1, but they put me in Level 2. I spent a lot of time reading; a friend was anonymously sending me books and I got caught up on all the best sellers. In prison, they watch a lot of bad TV so I usually didn’t pursue that. I kept a journal — my years of law enforcement gave me training to recall facts and details and I have a photographic memory — but the officials did a room inspection, found it and threw it away. In it, I talked about the prison corruption, including the drugs that are smuggled in by the officers, and they didn’t want that to get out. That includes marijuana, crack cocaine and heroin and more.
I had to deal with the threats of inmates on one hand and the prison officials on the other and it is chaos. There is so much corruption.
I paid $1400 per month for prison costs. You know, we treat our pets with compassion, but treat humans like animals, and nowhere is that more apparent than in prison. My two puppies got better treatment than I did in prison. Medical attention was seriously delayed, sometimes by weeks or months, even three months to see a dentist when needing a root canal or six hours to have internal bleeding looked at, and even then you have to go through four nurses before being allowed to see a doctor.
There are delays for your mail by weeks, if you get it at all. Three meals cost about $3.49 per day; but if you go to chow, you risk being drawn into prisoners fighting over relationships, drugs and other things. Still, you don’t receive a tray in your cell if you don’t go to chow or if a visitor arrives just as meals are on. And, if you do get drawn into conflicts, even to defend yourself, the minute you put your hands on someone, you lose your parole. Often, even at chow, there is not enough food, and since the officers eat the same menu, they at times run out of food for prisoners.
Prison officials manipulate cameras to create different outcomes on film — rewinding tapes or even claiming cameras are broken to build a case against prisoners they don’t like or they can’t break — and they are very verbally abusive. They tried to try me all over again, re-enact the trial right there in the unit supervisor’s office; the correction officials called me names alluding to my being a cop, and called me “racist” and lesbian names, ridiculing my education, discussing my case in front of other inmates.
Subsequently, I was threatened by inmates who wanted to cut me even more than they did others.
The educational classes are either cancelled or never happen, and the mental health program is so understaffed, they are putting everyone on pills. And, officers who smuggle drugs in blame the nurses.
One unit supervisor, whose father was supposedly a reverend, I complained about to various internal affairs inspectors within the Michigan Department of Corrections and even wrote to the director because she was so abusive. She kept sending for me to come to her office, berating me and telling me she would beat her daughter to death if she was a lesbian. Nothing came of it.
A presiding parole board officer equated being a lesbian with details of really awful criminal behavior and that prejudice appears in as conditions in my parole, surprising even my probation officer. How is that possible?
Some prison officials told the other prisoners stories about me before I even got there that set up my treatment by them as well as officials; correctional professionals try to create an environment by doing that. Some prisoners recognized me from their own arrests.
The officials will scream and yell at you as if they are on camera, as if it’s for a performance. And, even though they demand you talk to them, they basically want to name call and won’t let you speak, talk about your background, nothing. They try to break you.
When it comes to freedom, if prisoners don’t admit to guilt, they won’t get parole. Over and over, they do this, lie to the parole board, get high every day, admit to A/B/C/D and many get out without a tether, and yet they kill again. Prisoners are mixed in with cell-mates who have mental disorders or physical disabilities and then are expected to assist them for all their needs instead of them getting medical assistance or being put in mental hospitals or other locations that can deal with those disabilities.
Q: With such a hit to your self-esteem, how did you manage?
A: I stayed professional throughout the trial and at Huron Valley. Courteous and professional. Although the Seraquel given to me during my county incarceration seriously affected my awareness during the trial. I did my time there and in prison. It was tough, but I stood tall. The court’s pre-sentencing recommendation was that I go to boot camp after at least 6-12 months, but it never materialized. I needed my attorney’s help with that, but he disappeared after the trial.
There are innocent people in prison, though; I know that. However, the woman I shared a cell with had 14 personalities and had committed four stabbings, yet she got parole and went home before me, while I got treated like Jeffrey Dahmer or another serial killer.
A lady who saw me hugging my mom said she saw the emotion and anger in me was different than that in most inmates and requested to come and speak to me; I said yes. She was a Jehovah’s Witness and she would come and read the Bible with me. She came, sometimes 3-4 days a week and read the Bible with me, and even though I converted to the Baptist church some time back, the lady and I found great comfort in reading together. She was my therapy, and all that was available to me, but I will be forever grateful to her and for that. Because of her and the support of my family, I made it through.
Q: Besides discovering even more holes in the system, what did prison teach you?
A: Prison taught me how to value my freedom. It was not worth the time away from my aging mother, who is now 86, and causing me to miss the important family events I did and for the loss of my career. This is what it took for me to love me, to know who I am and not hate that.
I only fail if I allow myself to fail.
For those to “get” my case and what I went through, this takes a caring individual, one with logic and rational thinking, or it’s impossible to understand my situation, to know what it is to be in my shoes.
I grew up in Lebanon and came to the United States when I was 13. As a child I remember air attacks, bombardment in Lebanon. When I came to the United States, I never dreamed I would go to prison.
Don’t miss Parts 1, 2, 4, 5 and 6 — spanning from life and corruption at Huron Valley, behind the scenes in the Tamara Greene shooting, other corrupt Detroit leaders and what the future holds for Wedad Elhage, the cop who was sacrificed for politics.
The post-prison update on convicted Police Sergeant Wedad Elhage (Part 4 of 6)
Detroit Examiner
September 22, 2012
The following is a continuation of Parts 1, 2, and 3 in the post-prison interview of Wedad Elhage.
Q: What is your overview on gay political stances today?
A: I have been treated as if it’s a crime to be a lesbian. Even former Vice President Dick Cheney has a gay daughter — and every family has someone they know — a cousin, a child, a relative who faces this issue. Now we have certain sensitive issues that government is being asked to be a part of, making it part of religion and drawing that into state issues.
I loved everybody else, but unfortunately had issues with my own identity and how I was born this way. But although I’m facing some difficult times today, especially financially, and my career was taken away from me, but my life is not over.
However, in my case, they have also equated being a menace to society with being lesbian, and that is reflected in my parole. I can’t have contact with anyone 17 and younger. That will affect any public job I can try and find. I spoke in high schools, colleges, in community policing, with never a complaint about my appropriateness, never a remote complaint about me. This is sickening.
I am a liberal conservative, although a ticket splitter. As far as national politics, I think Obama is a good speaker, but when he took office, he basically backed off as gay friendly. He appointed some people who were known to be gay, but it seemed to end there. As far as gay rights, I think it’s just propaganda for this election. It is the time for issues to be discussed, but once the election is over, what will really happen? Eventually, I think it will go to the Supreme Court to determine because they are the ceiling of the law, and although I have mixed feelings about that, too, I think it will happen.
It’s sad that they took this case and ran with it and tried to destroy my integrity and character. It was primarily because I am a lesbian. But I also ruffled feathers because I called people out on their corruption, so they struck back. I know a lot about what people have done or are capable of — and they know that.
Q: What effect will being in prison have on your input on the national/international stage, let alone local, for gay rights?
A: Michigan is one of the few states that still allows convicted felons to vote. So, I still have that right. And I will take that opportunity for all local, state and federal elections. I was released in August, which wasn’t in time to register to vote this fall, but I can in the future.
Don’t miss Parts 1, 2, 3, 5 and 6 — spanning from life and corruption at Huron Valley, behind the scenes in the Tamara Greene shooting, other corrupt Detroit leaders and what the future holds for Wedad Elhage, the cop who was sacrificed for politics.
The post-prison update on convicted Police Sergeant Wedad Elhage (Part 5 of 6)
Detroit Examiner
September 22, 2012
The following is a continuation of Parts 1, 2, 3 and 4 in the post-prison interview of Wedad Elhage.
As Detroit heads into yet another saga in its unfortunate association with former Mayor Kwame Kilpatrick, the city and suburbs are still reverberating from the fallout of his reign. Currently, the trial based on a few dozen federal charges is moving forward.
A mysterious aspect of his Motown connection is the still whispered about Manoogian Mansion parties; people continue to refer to it as “the alleged parties,” despite evidence and testimony from people who claim to have been present or dealt with the collective debris afterward.
Wedad Elhage was on the front lines during the 2003 murder investigation of exotic dancer Tamara Greene, who was connected to at least one Manoogian party. Greene appeared on reports as having received a beating from Kwame’s wife, Carlita, when the latter walked in on one of the parties.
One difficulty in nailing down specifics about this sad chapter is that the high-profile people said to have attended parties included power brokers who wanted to protect their own futures. Multiple sources at both an inside local level and Lansing level have told me that the parties did, indeed, happen and the events are referred to often by political powers of yesterday and today. Some of those said to have been in attendance include former Oakland and Wayne County Prosecutor and Michigan Attorney General Mike Cox and Compuware CEO Peter Karmanos, among many others.
Cox’s revelations and behavior in overseeing the Kilpatrick investigation raised more eyebrows and questions, but he has never satisfactorily answered those.
Wedad Elhage, however, has no doubts about Detroit’s guilty, corrupt and shady. She names people, places and events that very likely put her squarely in a bull’s-eye for personal persecution and sent her to prison in the process.
She has agreed to share some insights from the Tamara Greene killing, and in so doing, corroborates what others have also claimed for years.
Q: You were involved in the death investigation of Tamara Greene, the exotic dancer, who was connected through parties at the Manoogian Mansion and former Detroit Mayor Kwame Kilpatrick. Can you comment on that event, as well as your role in it?
A: The morning after the shooting that killed her, I was working in Homicide in Squad 8. Lt. Billy Jackson was our boss, and I was with Mary Ann Stevenson and Tyrone Kemp. When we got the case, we helped each other with the various details. We looked at photos, and while we waited for the autopsy report we made contact with Greene’s aunt in Toledo and her grandmother. We already knew Greene was a topless dancer, and involved with a boyfriend who was a supposed drug dealer.
I talked to the grandmother about the BMW Greene owned and owed money on. We discussed her lifestyle and that Greene was in the process of opening a lingerie business in the Wyoming and 8 Mile area in a top-floor apartment. We got many leads, talked to the people she went to high school with as well as the ones she danced with and more.
Q: I don’t think many know that Tamara’s boyfriend lived, while she died — and yet, the shooting had been blamed on a bad drug deal and that he had been the target. What can you add to that?
A: Yes, the boyfriend survived. We went to Sinai Grace Hospital to question him about what he knew, but, he was still drugged due to his surgery. Because he was not able to speak at first about the crime, we went again to question him.
We learned that Greene had talked to a mutual male friend, another drug dealer, that same night, and that there was a history there — that there was possibly a romantic relationship between the two. Later, all of them ended up at the same bar and when her boyfriend saw the other guy, there was a verbal altercation. Both men left the bar after that, then the boyfriend came back later.
The shooting occurred at 2 a.m.
Q: How sure are you that what you uncovered is accurate?
A: Through texts and phone conversations with one of her girlfriends, we know she met Kwame Kilpatrick initially at a barber shop located off 7 Mile and he invited her to dance at a party. Greene’s girlfriend was also invited to dance at the mayor’s party, but she decided about that time to get out of the business and quit dancing. The girl already had another job at the Verizon store at Eastland Mall.
But, the friend told us that Greene additionally saw Kwame on several occasions in private.
When we discovered about Greene’s connection to him and the parties, I made some noise. I was the original person who drew attention to the mayor’s involvement and said there was more to the story than what was being told. I pushed that the case involved him.
Q: What do you know about the beating of Greene by Carlita Kilpatrick, the beating that everyone says never happened and for which records disappeared?
A: The night of the beating, there was a disturbance reported at the mayor’s residence. The closest police detail was working at Belle Isle; two officers named Davis and Jackson were the first to get it and respond. Once at the Manoogian, they were directed to leave. All the police log sheets and reports were taken away the next day by an officer who worked at the chief’s office, where we later learned they were destroyed.
You have to understand how many officers were worried about their jobs, their families and their incomes. Those of us who didn’t have that immediate worry knew there were a lot of cover-ups, and we weren’t afraid to discuss it. We knew Greene was beaten by the wife, that she went to the hospital for treatment.
We also discovered that officers from the police department covered it up. And, they helped to hide the hospital bills from that beating by submitting the hospital claims under their own insurance.
Q: Is that why the trail went cold? Because insurance claims were submitted under other names?
A: We found this out in our investigation.
Q: Had you ever had any other dealings with Kwame or his ability to skirt the law?
A: I knew Kwame and I was well acquainted with his behavior and activities. I stopped him in 1992 for a traffic stop when I was working #10; he had been running lights. I’d also seen him sitting on his front porch, smoking weed with his buddies, and I knew the types of people he ran with. I mean, when he considered himself above the law back then, and he was a troublemaker who thought he could get away with things because of who his mother was, what does that say about him?
Q: What was the outcome of the beating investigation?
A: It was our case, but, our higher powers instructed us to not work on it, then it was taken away from us. Then Corporation Counselor for the City of Detroit Ruth Carter, who had been appointed by Kwame a year before and is now a 36th district judge, began to intervene. She started calling us and making demands for information. She’d call our homicide bureau each week and demand from our Inspector Greg Schwartz to provide four copies of each update on the case.
Even with high profile cases, the usual is maybe twice a week, but this was unheard of. I testified to her actions in a deposition in federal court.
Q: You have some descriptive words for others who were part of this investigation or in other corruption activities…
A: Yes, I called (then chief) Jerry Oliver a coward over his handling, which earned me some negative feedback. Ella Bully-Cummings was not the chief until late in 2003, and then took an even bigger role in the case.
And, then there was Detroit Board of Police Commissioners’ Arthur Blackwell. He is easily THE most corrupt, arrogant and racist person in the world. He’d worked under Ed McNamara , former Wayne County Executive, and McNamara was also in cahoots during private meetings with former Mayor Coleman Young. The two of them ran their own little mafia operation.
Blackwell, who worked under McNamara on the Wayne County Board, ran over me while he was on the police board didn’t like me. He had bullied me and after we had words that involved one of my bosses, he pushed to have me suspended for a year. Although he went on to be in a series of illegal dealings, including having embezzled money from the city of Highland Park that former Governor Granholm appointed him to, he still manages to slide out from having to answer for most of the stuff he has done.
Later in my trial, Blackwell’s daughter-in-law took the stand against me, and also lied in her testimony.
See how connected they are and how they get to you if you go up against them?
Don’t miss Parts 1, 2, 3, 4 and 6 — spanning from life and corruption at Huron Valley, behind the scenes in the Tamara Greene shooting, other corrupt Detroit leaders and what the future holds for Wedad Elhage, the cop who was sacrificed for politics.
The post-prison update on convicted Police Sergeant Wedad Elhage (Part 6 of 6)
Detroit Examiner
September 22, 2012
The following is a continuation of Parts 1, 2, 3, 4 and 5 in the post-prison interview of Wedad Elhage.
Q: There is an online blog site called Behind the Blue Wall that features the stories of officer-involved domestic violence. You are on that site, alongside murderers, abusers who beat pregnant girlfriends, law enforcement members with a long track record of violence and worse. How does that make you feel?
A: Without the ability to have access to a computer, there is no way I can see it. But, it’s sad that the system ran with this case with their lack of any evidence, and banked on the testimony of liars and schemers who manipulated the system to get their outcome.
And, for people to further repeat that online or in writing just adds to that insult and injury and shows they do not know the truth nor how to publish the truth. Of course, I don’t belong there — and there has never been any proof that I was violent with Shelley — or anyone else.
Q: Rather than actually rely on official information or a balance of input, the site quotes articles from The Detroit Free Press and published the hearing records from about seven years ago of the Board of Police Commissioners, on which Arthur Blackwell served. The latter reports allude to an instance in which you were detained and became enraged. Having done some research, I know what a lack of information there is that damns you, and nothing about domestic violence. But, can you expand on what is contained there and did it include any instances of stalking or violence against Shelley?
A: NO! That never had anything to do with her and that’s ridiculous that they would choose that to add to a site on domestic violence! What does that possibly have to do with stalking or anything else?
What happened was that on July 13, 2005, I was off duty and gambling at a Detroit casino. I was doing quite well and also had had some drinks. There was a series of events because before I had gone to the casino; Shelley and I had had words. But, I was stopped by the DPD, handcuffed, Maced and they kicked my ass. I spent the night in jail after not being able to fight them off. But, it had absolutely nothing to do with Shelley, anything with stalking, anything to do with the trial or anything else.
This needs to be mentioned, however: That is not the only instance of problems with police being rough at the casino and there is a lawsuit going on right now against the DPD from officers of the casino over that very thing.
Q: Overall, how do you feel about being characterized as an aggravated stalker? Any regrets?
A: Those who know me, know that I have always spoken out loud and clear on the issue of domestic violence. I even intervene when my brother yells at his little daughter or my sisters argue. I encourage compromise, with softer voices and calm. That’s how you solve problems.
I also have always had a reputation overseas; I am well-respected and loved there. I beat the odds. I am the first female Arab-American officer to come to the United States.
I took my badge seriously, and used to volunteer for the Arab-American women here, going to them at their mosques to talk to them about domestic violence and explaining the laws that we have to protect them in the United States.
I want to do something positive, do something about the outcomes in life. Unfortunately, I can’t be a sworn member of law enforcement anymore, but I had a dream, a vision to go on and get my PhD after my Master’s. It’s a dream to teach at a university or to be a liaison. But I want to truly make a difference for Arab-American women, and all races of women everywhere, to help them fight the domestic violence that exists globally.
My only regret is that I didn’t go to law school. Surely, I would never be in this situation with better knowledge on how to handle what was done to me.
Q: What are your activities now that you are back home?
A: I help with my sister’s care who had brain-tumor surgery in 2009. I read the newspaper, listen to music, clean house and socialize with my adult nieces and nephews. I didn’t think I could live without the department, but I see life now in a different fashion. I try every day to be optimistic.
I am very optimistic and a strong believer in my Lord, and I know it will change — but in His time, not mine. But, my life is not going to stop here. I am in my own house, even if it is a type of prison because politics played its role.
There are still people from the command who know and respect me and never talk about the case or disrespect me in any way.
The most important thing, though, is that my family has stood by me. Although they are Muslim and I no longer am, they continue to share love and concern even when they don’t believe in or understand my lifestyle. Still, it is a blessing based on love and respect.
Appeals panel considers Tamara Greene case
Detroit News
November 28, 2012
Cincinnati - After seven years and thousands of pages of documents, the $150 million civil case brought by the family of a slain stripper against the city of Detroit and former Mayor Kwame Kilpatrick may have come down to less than an hour of legal jousting before a three-judge appellate panel on Tuesday.
Norman Yatooma, the attorney for the family of Tamara "Strawberry" Greene, gave a spirited defense of an appeal he hopes will overturn a Detroit federal judge's 2011 ruling that tossed the case, in part because of a lack of evidence.
And the appellate judges seemed receptive to some of Yatooma's arguments, with one saying he was "puzzled" by Chief U.S. District Judge Gerald Rosen's decision to rule that the city destroyed evidence sought in the case yet then dismiss it for a lack of evidence.
Judge Jeffrey Sutton of the U.S. Sixth Circuit Court of Appeals said it would be "very hard in the annals of cases" to find a similar ruling. "That's really a hard thing for me to understand," Sutton said.
A ruling on the appeal isn't expected for at least a month. And though Sutton had tough questions about parts of Rosen's ruling, he told city attorney Linda Fegins, "I'm not saying you're wrong in this case, but the evidentiary rulings are puzzling."
Afterward, Yatooma said he was pleased Sutton zeroed in on Rosen's ruling regarding emails the city admitted that it destroyed after the court told attorneys to preserve them. Rosen ordered the city to pay Yatooma $167,000 in legal fees.
"That was always incredible to us, and we're glad it wasn't lost on the court," Yatooma said.
The attorney has been fighting the city since 2005, claiming Kilpatrick and the city obstructed a probe into Greene's death for political reasons.
Yatooma has investigated the possibility of a party at the mayor's residence and whether Greene may have danced there more than six months before she was gunned down in a drive-by shooting in 2003.
Tuesday's oral arguments provided no new details on Yatooma's case, much of it remaining sealed even after Rosen dismissed the case. The appeal itself was filed under seal because of references to evidence that were never disclosed publicly.
That secrecy baffled Judge Eugene E. Siler Jr.
He asked Fegins why so much of the court record was kept private. "I'm wondering why in the world it was all sealed up," Siler said.
Rosen ruled that much of the evidence developed for the case could wrongfully hurt many people and ordered that depositions â€" including one of former Michigan Attorney General Mike Cox â€" stay sealed.
Cox investigated the long-rumored Manoogian Mansion party and concluded it was an "urban legend."
Michael Naughton, an attorney for Kilpatrick, defended Rosen's ruling, saying the evidence on the record failed to prove Yatooma's claim of a cover-up.
"There was not one witness who came forward who said Kwame Kilpatrick obstructed the investigation of the murder of Tamara Greene," Naughton said.
Yatooma hammered at his belief that the case should be taken to trial.
He said evidence showed six police officers who investigated Greene's death were terminated or demoted after coming into contact with the case.
The city shouldn't be given the benefit of the doubt when Rosen himself ruled it willfully destroyed emails, Yatooma said. That sends the message "you are better served to destroy evidence than to preserve it," he added.
The case was heard by judges Sutton, Siler and R. Guy Cole Jr.
Although Sutton asked questions about Rosen, he also questioned whether Yatooma could prove Kilpatrick had intentionally obstructed the investigation in order to hurt chances that Greene's heirs could bring a court case.
The case alleges that the city and the former mayor blocked their access to the courts, but Sutton called that idea "a little implausible."
Rosen focused his opinion and order on the homicide investigation, not the party. He concluded there was not enough evidence to show municipal liability.
Yatooma took issue with Rosen on that point, saying the homicide file was "pillaged" and that Kilpatrick had a history to "destroy all people and all things."
Fegins and Naughton declined comment after the hearing.
Cop in probe of stripper's death can sue bosses
Associated Press State Wire: Michigan (MI)
January 16, 2013
DETROIT (AP) — A former Detroit police officer who claims his career was harmed because he was investigating the death of a stripper will get a chance to press his case in court.
The Michigan appeals court says high-ranking officers are not immune to the lawsuit. The decision means Odell Godbold's case stays alive in Wayne County Circuit Court.
Godbold says bosses interfered in the investigation of the fatal shooting of Tamara Greene. He says they demoted him, closed the cold-case unit and then reopened it after Godbold felt induced to retire.
Greene was killed in 2003 while sitting in a car. Greene's family claims then-Mayor Kwame Kilpatrick and police thwarted an investigation of her death. He denies it, and a judge in 2011 threw out a lawsuit against Kilpatrick.
Ex-Detroit Mayor Kwame Kilpatrick, father Bernard and Bobby Ferguson found guilty of 34 federal crimes
MLive
Mar 11, 2013
DETROIT, MI — When the verdict came, Kilpatrick remained solemn and shook his head slightly; Bernard Kilpatrick wept for his son.
Outside a plane circled towing a sign that said, "Don't drop the soap, Kwame, MOJO 95.5."
The same radio station proceeded to play jail-related music throughout the afternoon, including "Bad Boys," the theme song by Inner Circle for the TV show "Cops" and "Locked up," by Akon.
Kwame Kilpatrick was found guilty of 24 federal crimes related to public corruption on Monday.
His longtime friend and city contractor Bobby Ferguson is guilty of nine crimes.
Bernard Kilpatrick, Kwame Kilpatrick's father and a political consultant, has been convicted of filing a false tax return, which carries a maximum penalty of up to three years in prison.
Kwame Kilpatrick and Ferguson, friends since high school, face much longer sentences.
U.S. Attorney. Barbara L. McQuade declined to say what sentence her office will recommend, but said it could potentially be in excess of 20 years each.
Both Kwame Kilpatrick and Ferguson have felony records, Kilpatrick for two obstruction of justice convictions in 2008 stemming from perjury charges; and Ferguson for assault with intent to do great bodily harm for pistol whipping an employee in 2005.
Based on previous records, perceived access to cash and, according presiding Judge Nancy Edmunds, to Kilpatrick's "willingness to lie when it serves his purposes," both men are being jailed pending their sentencing.
McQuade said it usually takes three to four months after a verdict to set a sentencing date.
The conviction of Kilpatrick and Ferguson for violation of the Racketeer Influenced and Corrupt Organizations (RICO) Act is the most serious and carries a sentence of up to 20 years in prison.
Bernard Kilpatrick was acquitted of that charge.
The law, established in 1970, was initially used by federal prosecutors to bring down Mafia bosses hidden within complex criminal organizations.
The verdicts bring to end a five-month long corruption trial with Kwame Kilpatrick - once heralded as the "hip hop mayor" — at the center.
All in all, Kwame Kilpatrick is guilty of 24 of the 30 charges brought against him. Ferguson is guilty of 9 of 11 and Bernard Kilpatrick guilty of 1 of 4.
Before being led away by U.S. Marshals, Kilpatrick and Ferguson removed their suit coats. Kilpatrick wore black. Ferguson wore brown.
Kilpatrick bent over quickly, still in view of courtroom cameras, and placed a white indiscernible object into his mouth but did not appear to chew. MLive has left messages with the U.S. Marshals Office in an attempt to identify the object.
"You all take it easy. Stay strong,"Kilpatrick said to family in the courtroom as he handed his jewelry, cuff links and other items to his mother, former Congresswoman Carolyn Cheeks Kilpatrick.
"No doubt, no fear,' said the father of three as he was led away in cuffs.
Kwame left the courthouse Monday after the verdict without comment. Residents outside of the courthouse said "justice has been served."
"Today the jury found Kwame Kilpatrick guilty of... abusing the power of public office to enrich himself, his friends and family, instead of serving the people who elected him," said McQuade. "Kwame Kilpatrick stole money... While Kwame Kilpatrick enjoyed a lavish lifestyle, he watched the quality of life erode for the people of Detroit."
McQuade said the jury found that Kilpatrick "created a culture of doing business in Detroit."
"If you wanted a contract in Detroit there had to be bribes," she said. "If you wanted a contract, you had to get his friend Bobby Ferguson in on one of the contracts
"In all, Bobby Ferguson received $127 million worth of city contracts from the city of Detroit... The former mayor was not focused on running the city he was focused on using the office of the mayor as a moneymaking machine."
In addition to contract rigging, McQuade said Kilpatrick stole $500,000 from his nonprofit Kilpatrick Civic Fund and "spent it on things like yoga lessons for himself, golf clubs, vacations at luxury resorts, summer camps for his kids."
"Kwame Kilpatrick didn't lead the city, he looted the city," she said.
All but one from the 12-person jury along with the three alternate spoke with media after the verdict reading.
The court is withholding their identities.
Juror no. 11, a Detroit resident, said she voted for Kwame Kilpatrick during both of his successful mayoral bids in 2001 and 2005.
When asked if she ever felt any anger toward the defendants based on the testimony she heard, the juror admitted: Some of the evidence, "really, really turned my stomach."
"I feel bad for the families; there's a bit of sadness for the children," said juror no. 11. "I don't feel bad for the defendants because I feel like you go into things knowing what you're doing."
The jurors acquitted the defendants on four counts, including the racketeering charge, but prosecutors said there are no plans to retry those crimes.
Mayor Dave Bing responded to the verdict Monday, saying: "I am pleased that this long trial has ended and we can finally put this negative chapter in Detroit’s history behind us. It is time for all of us to move forward with a renewed commitment to transparency and high ethical standards in our City government."
Wayne County Prosecutor Kym Worthy, who won a conviction against Kilpatrick for perjury, congratulated the US Attorney's office for the verdicts.
"I would like to congratulate the U.S. Attorneys Office on their successful prosecution of this complex corruption case. I will reserve any further comment until Defendant Kwame Kilpatrick is sentenced," Worthy said.
The verdicts are an ignoble end to Kilpatrick's political career, which was riddled with scandal. Early in his first term Kwame was known for hard partying ways, including a rumored party at the city's Manoogian Mansion. He then got caught leasing a $57,000 Lincoln Navigator
for his wife on the city's dime, and a series of text messages were made public revealing an extramarital affair.
McQuade said there were 35 people arrested in connection with corruption in Kwame Kilpatrick's administration and it's unlikely anyone else will be charged.
A number of witnesses admitted to bribing officials in exchange for government favors.
McQuade said "at the end of the day, I think it is the public officials who more culpable than the bribe payers... It's the public officials who create that culture of bribery and play-to-play that is so poisonous."
including four bribe payers — Karl Kado, a Cobo Hall Contractor; James Rosendall, a Synagro representative found guilty of bribing City Council in an attempt to win a $1.2 billion sludge contract; Jon Rutherforrd, president of a homeless shelter that donated $50,00 to the Civic Fund
"This is not a day for celebration," McQuade said. "There's human tragedy involved. It's never a happy day to see defendants go to prison. There are family members who will be impacted by this but we do think it is necessary.
"It's about going forward and what we're going to expect from our public officials... so although it's not a reason for celebration, it is a day of of great satisfaction and gratification that the jury did what we believe is the right thing."
Here's a breakdown of the charges against the three defendants:
U.S. Attorney: Let the Kwame Kilpatrick conviction be a warning to corrupt politicians
MLive
Mar 11, 2013
DETROIT — Federal prosecutors have investigated corruption within the Kwame Kilpatrick administration since 2004.
On Monday, he was sent to jail to await sentencing on 24 convictions, among them charges of bribery, extortion and racketeering for which he could spend greater than 20 years in prison.
His friend, Bobby Ferguson, a former contractor, also faces a lengthy prison term, while Bernard Kilpatrick was found guilty of one charge for filing a false tax return.
"I hope that this sends an important message to public officials to not engage in corrupt activity," said U.S. Attorney. Barbara L. McQuade after the ex-Detroit mayor's verdict came down. "But if they do you can bet we'll look for it and we'll find it."
McQuade said there are currently ongoing federal cases with "overlapping allegations" related to Kilpatrick against the Detroit Pension Board and other charges against Detroit Public Schools officials.
"Kwame Kilpatrick didn't lead the city, he looted the city," McQuade said.
"Today the jury found Kwame Kilpatrick guilty of... abusing the power of public office to enrich himself, his friends and family, instead of serving the people who elected him," she said. "Kwame Kilpatrick stole money... While Kwame Kilpatrick enjoyed a lavish lifestyle, he watched the quality of life erode for the people of Detroit."
McQuade said the jury found that Kilpatrick "created a culture of doing business in Detroit."
"If you wanted a contract in Detroit there had to be bribes," she said. "If you wanted a contract, you had to get his friend Bobby Ferguson in on one of the contracts
"In all, Bobby Ferguson received $127 million worth of city contracts from the city of Detroit... The former mayor was not focused on running the city he was focused on using the office of the mayor as a moneymaking machine."
In addition to contract rigging, McQuade said Kilpatrick stole $500,000 from his nonprofit Kilpatrick Civic Fund and "spent it on things like yoga lessons for himself, golf clubs, vacations at luxury resorts, summer camps for his kids."
McQuade said the federal investigation led to indictments against 35 people connected with the Kilpatrick administration prior to his resignation in 2008.
Her office was unable to quantify how much time and resources were devoted to the investigation and trial.
"I am sure, no doubt, it's a hefty price tag," McQuade said. "But I believe it's worth the price for the honest government that we could restore to the residents of Detroit.
"I hope that today is an important day in the history of Detroit, that it's opening a new chapter of openness and trascparency and honesty in government."
McQuade discusses why there won't likely be charges filed against those who were complicit with bribes to the Kilpatrick administration.
Bernard Kilpatrick 'very emotional' about son's conviction; 'it was pretty tearful,' attorney says
MLive
Mar 11, 2013
DETROIT — When the verdict came down, Kwame Kilpatrick's father, Bernard Kilpatrick, shed tears.
Those tears, it seems, were for his son.
He walked around the back of the defense table and embraced his son, Detroit's ex-Mayor Kwame Kilpatrick who faces an extensive prison sentence after being found guilty of 24 federal crimes by a 12-member jury Monday.
The jury found Bernard Kilpatrick guilty of only filing a false tax return. They didn't reach consensus on his racketeering charge and found him not guilty of attempted extortion and another count of filing a false tax return.
Bernard Kilpatrick faces up to three years in prison. If sentenced to the fullest extent allowed under law, the father may never see his son a free man in his life again.
"Bernard is very emotional," said his attorney, John R. Minock. "It was pretty tearful."
Kwame Kilpatrick and his high school friend and city contractor Bobby Ferguson face up to 20 years for violating the Racketeer Influenced and Corrupt Organizations Act, a crime that carries up to 20 years in prison.
The law was originally used to bring down top-level Mafia bosses in the 1970s.
Kwame Kilpatrick already has two felony convictions for obstruction of justice related to perjury charges filed against him by Wayne County Prosecutor Kym Worthy in 2008.
The rest of Kilpatrick's family, his mother Carolyn Cheeks Kilpatrick, wife Carlita Kilpatrick and his three sons, did not attend the verdict reading and have not been seen in the courthouse.
After Kwame Kilpatrick and Ferguson left the courthouse after the verdict reading, Bernard was seen alone at the north entrance awaiting a ride. He said, "there she is," and ran out to a waiting car.
Plane circles Detroit with pointed message for ex-Mayor Kwame Kilpatrick after federal conviction
MLive
Mar 11, 2013
DETROIT, MI - One of the most eventful news days in Detroit's history got a little more colorful Monday afternoon when a plane started circling the city's downtown with a message for Ex-Mayor Kwame Kilpatrick.
The plane's message: "Don't Drop The Soap Kwame! Love (with a heart shape) Mojo 95.5"
Kilpatrick was convicted of 34 federal crimes related to corruption and bribery and is expected to be sentenced to prison. He was headed for jail Monday afternoon and was taken into custody by U.S. Marshals.
The plane circled downtown at least five times by 2:30 p.m. Monday despite erratic winds and spitting rain.
"Mojo" appears to be in reference to a Detroit radio host on Channel 95.5 FM.
The radio station's Facebook page posted the following message around 2 p.m. Monday:
"Hey Detroit listeners: If you are downtown, post a picture of our airplane that is flying over the downtown area + Kwame's courthouse right now ;)"
Jailbound: Kwame Kilpatrick, Bobby Ferguson taken into custody of U.S. Marshals pending sentencing
MLive
Mar 11, 2013
DETROIT — Ex-Detroit Mayor Kwame Kilpatrick and longtime friend Bobby Ferguson, both convicted of federal racketeering and extortion charges, are headed for jail.
Nancy Edmunds, after listening to arguments from attorneys for the prosecution and defense, called it a "close call."
When the hearing ended, Kilpatrick and Ferguson removed their suit jackets and were taken into custody by U.S. Marshals.
Kilpatrick was seen placing a rectangular white object, perhaps a piece of paper into his mouth.
Their attorneys, James Thomas for Kilpatrick and Gerald Evelyn for Ferguson, said their clients have close community and family ties that would deter them from becoming flight risks.
Prosecutors argued that Bobby Fergsuon, from whom feds seized over $2 million during the course of their investigation, still has access to cash that make both Ferguson and Kilpatrick a flight risk.
Edmunds reflected on Kilpatrick's "willingness to lie when it serves his purposes" during previous hearings in which he was found guilty.
She noted that Kilpatrick has been present in court for all proceedings.
The law creates a "burden with presumption of detention," said Federal Judge Nancy Edmunds said before ruling. "Mr. Kilpatrick has also asserted over and over that he was innocent of the charges and he would not return to prison."
"With respect to Mr. Ferguson, he has a conviction of assault with intent to great bodily harm" and was since found in possession of a firearm, Edmunds said. "He has a history, certainly, of intimidation.
"The burden is on the defendant to over come the presumption," She said. "I think this is a close call... but they have not offered evidence or arguments here to overcome the presumption."
I order that Mr. Kilpatrick and Mr. Ferguson be remanded to the custody of U.S. Marshals, Edmunds said.
A sentencing date has not been set.
Kwame Kilpatrick jailed after Detroit corruption conviction
MLive
Mar 11, 2013
DETROIT, MI - Ex-Mayor Kwame Kilpatrick is heading to jail Monday after being found guilty of 24 counts related to public corruption while in office.
Judge Nancy Edmunds ruled Kilpatrick and business partner Bobby Ferguson into custody while they await sentencing. Ferguson was found guilty on nine of 11 counts brought against him.
Edmunds said at the start of the afternoon hearing that the defendants should be detained unless it can be clearly and convincingly presented that the defendants will not run or pose a threat to the public.
Lawyers for Kilpatrick and Ferguson argued for release or electronic tether until the federal sentencing. They said families and business made the men a minimal flight risk.
Prosecutors argued Ferguson had a history of international travel and dangerous weapons had been found at buildings where he resided. They also said Kilpatrick could be a flight risk given a past conviction for lying in court and the threat of a harsh prison sentence.
Edmunds sided with the prosecution and remanded Kilpatrick and Ferguson to the custody of U.S. Marshals to wait in jail pending sentencing.
Both men were found guilty of federal charges with 20-year prison sentences.
Kwame Kilpatrick verdict:
Convicted former mayor swiftly leaves courthouse as Detroit residents say "justice has been served"
MLive
Mar 11, 2013
DETROIT, MI – With a crowd of reporters and photographers sprinting from one side of the courthouse to the other trying to get photos and reaction from Kwame Kilpatrick after he was found guilty in his federal corruption trial, the straight-faced former mayor swiftly got into a waiting car without speaking.
Detroit residents outside the court Monday afternoon did have something say: “I feel like justice has been served," said James Thomas.
The west-side resident who has been watching the case unfold over the past decade said he's relieved the trial is finally over.
"It was a long, drawn-out process," he said.
"I felt like he was going to go free. I thought the prosecution’s case was weak. It seems like justice has been served, though."
Kilpatrick, 42, was elected mayor in 2001 at 31.
Resident Khalid Johnson said Kilpatrick was at first symbol of hope.
"He was a young mayor," he said. "He was going to make a change. A lot of people had faith in him. Not anymore.
“You do your dirt, you’re going to pay for it...
“I’m a longtime resident and I’m here forever. Just got to get rid of the bad. Out with the bad and in with the good.”
Kilpatrick was convicted on 24 of 30 counts, including racketeering and extortion. His friend and city contractor Bobby Ferguson was found guilty on nine of 11 racketeering and extortion counts. Kilpatrick's father Bernard Kilpatrick was convicted of filing a false tax return.
A 1:30 p.m. hearing is scheduled to determine whether he will remain free on bond until sentencing or be taken into custody immediately.
Kwame scandal flashback:
Washington D.C. police pull after-hours protection for hard-partying mayor
MLive
Mar 11, 2013
MLive Detroit is taking a look back at some of the numerous scandals that nagged Kwame Kilpatrick during and after his time as the city's mayor from 2002 until his resignation in 2008.
DETROIT — Ex-Detroit Mayor Kwame Kilpatrick developed a reputation for enjoying a good party early into his mayoral tenure in 2002.
Kilpatrick developed his "hip-hop" image quickly, living a lavish lifestyle in Detroit and on the road with a deep entourage, security detail and often his mistress and Chief of Staff Christine Beatty.
The mayor had a penchant to party and it was noted early on.
Washington D.C. police said that in 2002 they stopped offering the then-mayor VIP after-hours security detail due to he and his crew's frequent night-club hopping that they felt could result in injury or public embarrassment, according to this 2005 Associated Press report.
News of the mayor's partying made its way to the public by way of a deposition given by a former Detroit police bodyguard who filed a whistleblower lawsuit against the city in 2003 and a Detroit Free Press interview with a Washington D.C. police official.
"None of the allegations of moral turpitude against the mayor are true," Kilpatrick aide Conrad Mallett Jr. told the Free Press in 2005 when the news surfaced.
Mallett said the allegations were lies devised by Detroit police officers intent on bringing down the mayor.
Kwame scandal flashback:
The Manoogian Mansion party
MLive
Mar 11, 2013
DETROIT — The Manoogian Mansion party that never was — or at least that never was proven — is among the most fantastic of Kwame Kilpatrick lore.
Less than a year into his tenure came the most famous unproven party in Detroit's history, the raucous, stripper-pole laden Manoogian Mansion party that lore says involved a fight between Detroit's first lady and a stripper named "Strawberry."
But, then again, many say it never happened, including investigative reporter M.L. Elrick, formerly of the Detroit Free Press where he helped break the text-message scandal that led to Kilpatrick's resignation. He is now with Fox 2 News.
"We could never prove that it happened (and I believe it did not, at least not as portrayed in legend)," wrote Elrick in October of 2012 reminiscing about the time he and fellow reporter Jim Schaefer of the Free Press received a private tour of the mansion. "We were more successful confirming that Hizzoner used city funds to lease a luxury Lincoln Navigator for his wife, Carlita."
Fact or fiction, it affected Kilpatrick for years.
On record witnesses to the party include a stripper who identified the party as happening in March of 2003, even though all other accounts indicate it was in the fall of 2002, and a biker who said he was paid to provide security.
According to lore, stripper Tamara Greene was seen by the First Lady giving Kilpatrick a lap dance, which prompted Carlita Kilpatrick to grab a blunt object, potentially a leg from a piece of furniture, and attack Greene.
Greene would be killed in a drive-by shooting that occurred in April of 2003, which led to rumors that it might have been an inside job to keep her quiet.
A former police officer claimed she heard second hand that then-Attorney General Mike Cox, who later investigated the party rumors on behalf of the state, attended Manoogian Mansion party.
Attorneys on behalf of Greene's son would file a $150 million lawsuit against the city alleging a coverup by Kilpatrick and the city by destroying documents and demoting or firing of six investigators who investigated Greene's death. The case was thrown out of court in 2011 for lack of evidence but is now being considered on appeal.
To the surprise of appellate judges, U.S. District Judge Gerald Rosen who dismissed the case in 2011, sealed much of the evidence, including the depositions of former Michigan Attorney General Mike Cox, and Kilpatrick's wife, Carlita Kilpatrick, and his former aide Christine Beatty.
Mention of the party first became public in May of 2003, days after Kilpatrick fired Deputy Chief Gary Brown in retaliation for an investigation into indiscretions by the mayor's security detail.
Brown released a memo mentioning the 2002 party and accusing Kilpatrick's bodyguards of misconduct.
Brown and two other officers would file a whistleblower lawsuit which was settled for more than $8 million in 2007. Attorneys in that case uncovered the steamy emails between Kilpatrick and Beatty that eventually were made public by the Detroit Free Press and led to Kilpatrick's resignation and perjury allegations.
Kwame scandal flashback:
The red Lincoln Navigator
MLive
Mar 11, 2013
Kilpatrick--25
DETROIT —Kwame Kilpatrick's relationship with the media showed signs of strain in 2005 when it was revealed that the Detroit Police Department leased a luxury SUV using city funds for use by Carlita Kilpatrick and the then-mayor's three children.
The city of Detroit leased a red Lincoln Navigator. Police officials told media at the time that the Navigator was to be used for undercover investigations.
However, the lease paperwork read "Mayor's Lease" and it was alleged that Kilpatrick's wife, Carlita, used the $57,000 SUV for her personal use. The Navigator was leased for $24,995, $5 less than the threshold for City Council purchase review.
Kilpatrick, during a hour-long media press conference related to the lease, scolded the media for being too aggressive with his family and pushing his mother as she left a Martin Luther King Jr. Day event.
Kilpatrick said it was simply a case of poor communication with the media and public and not lies. He urged the press to get back to the issues that really impact the public, not a $25,000 lease, when he said it cost $4 million a day to operate the city.
"We have absolutely nothing to hide in this administration," Kilpatick said during the news conference. "What I want to make clear though... is that there was never any intention by anyone here to mislead, misinform or lie to anyone in our community. We don't do that. All we have is that."
Kwame scandal flashback:
Text messages and extramarital affair
MLive
Mar 11, 2013
DETROIT — Undoubtedly, the Kwame Kilpatrick text-message scandal was the most stinging and detrimental to his political career and personal life.
The disclosure of 14,000 text messages between the then-mayor and his Chief of Staff Christine Beatty, a friend since high school, revealed an intimate affair that took place, in some cases, on the taxpayer bankroll.
Detroit Free Press reporters Jim Schaefer and M.L. Elrick — now with Fox 2 — who won a Pulitzer Prize for their investigative work, received the messages after the Detroit Free Press filed a Freedom of Information lawsuit for the right to see them.
It all stemmed from firing of former Detroit Police Deputy Chief Gary Brown after his subordinate Officer Harold C. Nelthrope began investigating misconduct by Kilpatrick's personal security officers.
Days after Brown's termination, he fired off a memo telling of the never-proven Manoogian Mansion party.
Brown and Nelthrope filed a whistle blower lawsuit against Kilpatrick and the city alleging they suffered retaliation for uncovering indiscretions of Kilpatrick and his staff.
The officers were awarded $6.5 million in September of 2007. During the trial text messages requested related to communications between Beatty and Kilpatrick were said to have been lost. After the initial settlement was established, they were delivered to Brown's defense attorney Michael Stefani, who eventually gave a copy of the communications to the Detroit Free Press.
He used the content in the message to leverage an increased settlement for attorney fees, which City Council signed off on without knowing the content of the messages.
The settlement contained a confidentiality agreement.
The Free Press obtained published the messages in January of and Beatty soon after resigned, though Kilpatrick said he intended to keep his office.
During the whistle blower trial, which the Detroit Free Press reported cost the city more than $9 million, Beatty and Kilpatrick testified under oath that they had not had an affair, but their text communications told a different story.
In March of 2004, perjury charges were filed against the pair. Kilpatrick accepted a plea deal in September, which included his resignation, a $1 million restitution payment to Detroit and 120 days in jail, of which the ex-mayor served 99.
Inside the courtroom:
Kwame Kilpatrick as he's taken away in handcuffs: 'No doubt, no fear'
MLive
Mar 12, 2013
DETROIT, MI - If Kwame Kilpatrick was shaken after being convicted on federal corruption charges, he didn't show it.
The former mayor leaned back in his seat and joked with family members ahead of a Monday afternoon court hearing on whether he'd be immediately taken into custody or granted continued bond until sentencing.
After Judge Nancy Edmunds ruled that Kilpatrick and co-defendant Bobby Ferguson be immediately jailed, his expression grew gravely somber, but still proud.
"You all take it easy. Stay strong," he said to tearful family members as federal marshals ordered him to remove his jacket, tie and belt before handcuffing him.
Prosecutors argued in the the hearing that Kilpatrick and Ferguson have access to money and a history of deceiving courts, posing a risk that they could flee before sentencing.
Defense lawyers responded that most of their assets have been seized and that they pose no danger to the public.
Edmunds said federal law puts the burden on the defense to prove there is no flight or security risk in such a hearing, and ordered the two taken into custody.
Family members declined to speak after the hearing.
Some lowered their heads and embraced during the hearing as it became clear that the judge would not allow the two any more time with family.
"We love you," one relative told Kilpatrick as he was taken out of the courtroom.
As he was lead out the door, he leaned back and shouted to his family:
"No doubt. No fear."
Both men were found guilty of federal charges carrying 20-year prison sentences.
Kilpatrick was convicted on 24 of 30 counts, including racketeering and extortion. Ferguson, the ex-mayor's friend and former city contractor Bobby Ferguson was found guilty on nine of 11 racketeering and extortion counts.
Kilpatrick's father Bernard Kilpatrick was convicted of filing a false tax return. His bond was continued.
Sentencing dates have not yet been set.
Tamara Greene attorney: Kwame Kilpatrick obstructed anything and everything that got in his way
MLive
Mar 12, 2013
DETROIT — Bloomfield Hills-based attorney Norman Yatooma says the public only saw the "sure-fire stuff" federal prosecutors had against Kwame Kilpatrick and his co-defendants; there was more.
But those examples of corruption or unethical behavior, Yatooma says, may never come to light. The attorney said he's operating under a court-ordered "seal" related to information he's personally come across while investigating his lawsuit against the city and Kilpatrprick. He would not elaborate.
Yatooma is representing the family of Tamara Greene, an exotic dancer who was gunned down in April of 2003, the attorney believes as part of an elaborate cover-up headed by Kilpatrick to halt an investigation into the Manoogian Mansion party rumored but never proven to have occurred in the fall of 2002.
Greene was gunned down the following April.
Yatooma sued Kilpatrick and the city on behalf of Green's family for $150 million. The case was dismissed by U.S. District Judge Gerald Rosen in 2011 for lack of evidence and is currently being reviewed on appeal.
Yatooma said he's acted as an ally to federal prosecutors during their 8-year-long investigation into corruption by the Kilpatrick administration, providing whatever potentially useful information he came across.
Where the Detroit Free Press acquired 14,000 text messages that resulted in the text-message scandal and perjury charges against Kilpatrick in 2008, Yatooma said he received "hundreds of thousands" under a subpoena he filed in the case.
"Every time I thought I’d seen everything I could possibly see, I saw the next thing," said Yatooma the day
Kilpatrick was convicted of 24 charges including extortion and racketeering. "And the trial really proved to be a highlight reel."
Kilpatrick and co-defendant and city contractor Bobby Ferguson, convicted of nine crimes, face more than 20 years in prison. The jury convicted Kilpatrick's father, Bernard Kilpatrick, of filing a false tax return.
Yatooma described what he's learned during his investigation of the Kilpatrick administration and from the federal the case as "made for TV-kind-of stuff that 'Matlocks' and 'Perry Masons' are made of."
U.S. Attorney Barbara McQuade said 35 people have been indicted related to the Kilpatrick corruption probe. Yatooma said there are likely many more who broke laws, adding that "the web of the enterprise was deep and wide."
When it came to the investigation into the shooting death of Greene, Kilpatrick "obstructed anything and everything that got in his way," said Yatooma, who is fighting for a chance for his case to go before a jury.
Crucial information related to the Green case disappeared.
"The homicide file was completely and utterly destroyed," said Yatooma, emails vanished and "six officers who were investigating him or Tammy Greene were all demoted, terminated or otherwise threatened."
"Whether the party happened or not" is not the issue in the Tamara Green case, said Yatooma, it's the lengths Kilpatrick and his administration went to in their attempt to ensure its existence — and Greene's slaying — were never fully investigated.
Yatooma argued before the U.S. 6th Circuit Appellate Court in Cincinnati in November to have Rosen's dismissal overturned.
According to the Detroit News, One judge said they were "puzzled" that Rosen ruled that the city destroyed evidence related to the case and then dismissed the case for lack of evidence.
Another appellate judge, Eugene E. Siler Jr., wondered why the dismissed case, which contains depositions with Christine Beatty and former Attorney General Mike Cox, was sealed.
The decision was initially expected to take between one and three months.
Nearly four months later, Yatooma says the delay could "be a good thing."
"It doesn't take a long time to affirm a lower court decision," Yatooma said.
Ernest Flagg V City Of Detroit -
Obstruction of justice in the investigation of Tamara Greene murder - OPINION
Michigan Court Of Appeals
April 25, 2013
Stripper's family loses appeal over murder probe
Associated Press State Wire: Michigan (MI)
April 25, 2013
DETROIT (AP) — An appeals court has upheld a decision dismissing a lawsuit against former Detroit Mayor Kwame Kilpatrick, who was accused of obstructing a murder investigation.
The court said Thursday that the family of stripper Tamara Greene failed to show that her killer would have been found if not for the alleged actions of Kilpatrick and police officials.
Greene was fatally shot in a car in 2003. Attorney Norman Yatooma claims Kilpatrick obstructed the murder investigation because Greene had danced at a party at the mayoral mansion. Kilpatrick denied the allegations, including the party.
Federal Judge Gerald Rosen dismissed the lawsuit in 2011, citing a lack of evidence connecting Kilpatrick or his allies to any interference with the probe.
Authorities believe Greene's killer is in prison in another case.
Appeals court affirms Kilpatrick didn't obstruct in Greene case
Detroit News
April 25, 2013
A federal appeals court Thursday affirmed a lower court decision to toss a $150 million civil case brought by the family of slain stripper Tamara "Strawberry" Greene against the city of Detroit and former Mayor Kwame Kilpatrick.
The 18-page opinion from a three-judge panel in the 6th U.S. Circuit Court of Appeals is the latest development in an eight-year legal battle waged by Greene's family.
The opinion comes six months after Greene family lawyer Norman Yatooma argued the appeal in Cincinnati in hopes of overturning a Detroit federal judge's 2011 ruling that tossed the case, in part because of a lack of evidence.
The attorney has been fighting the city since 2005, claiming Kilpatrick and the city obstructed a probe into Greene's death for political reasons, destroyed evidence and punished police personnel for investigating a rumored party at the Manoogian Mansion.
"Even assuming that all missing items and counterproductive personnel assignments were pursuant to a policy of obstruction, plaintiffs fail to raise a genuine question of disputed fact as to whether a reasonable probability exists that Greene's killer would have been found absent the alleged policy," the judges wrote. "Thus, the district court did not err in granting summary judgment in favor of Kilpatrick and the City of Detroit."
Yatooma said he will ask the U.S. Supreme Court to hear an appeal.
"I told my clients we will keep fighting until we run out of courts," Yatooma said. "I'm stunned."
Yatooma has investigated the possibility of a party at the mayor's residence and whether Greene may have danced there more than six months before she was gunned down in an unsolved drive-by shooting in 2003.
"Yatooma tried to make something that wasn't there," Kilpatrick lawyer Michael Naughton told The News. "Plaintiffs were not able to present facts that substantiated their claims that Kwame in any way interfered with the investigation."
Yatooma has options.
He can ask a majority of the 6th Circuit to rehear the case or appeal to the U.S. Supreme Court but Yatooma's plan was unknown early Thursday.
Tamara Greene attorney says he's taking Kwame Kilpatrick coverup lawsuit to Supreme Court
MLive
Apr 29, 2013
DETROIT — Tamara Greene, the dancer who died in a hail of gunfire in a drive-by shooting, has become a victim of Kwame Kilpatrick and his administration's corruption, says the deceased 27-year-old's attorney.
Norman Yatooma was audibly disappointed last Thursday after the $150 million lawsuit he filed against ex-Detroit Mayor Kwame Kilpatrick and the city for the alleged coverup of his client's death was not reinstated by the 6th Circuit Appeals Court.
Representing Greene's children, Yatooma's lawsuit was previously dismissed by U.S. District Judge Gerald Rosen in 2011 for lack of evidence and appealed.
This is the second time on appeal Rosen's ruling has not been overturned.
"Much of the feedback seemed quite positive," Yatooma said. "My clients were very disappointed, but as I told my clients, we're going to keep fighting this case until we run out of courts and we have one left," the U.S. Supreme Court.
Yatooma says Kilpatrick, convicted of 24 crimes of corruption in March, and those working under his administration destroyed and manipulated evidence during Greene's murder investigation.
He says to throw out the case based on lack of evidence — when the defendants are the ones who eliminated that evidence — makes "a joke out of the legal system."
The city was fined $200,000 for improper handling of emails and other documents, said Yatooma, but that's an insignificant for a city as large as Detroit.
"You'll never hold a major municipality or corporation liable again," he said. "If they can intimidate with their own police and they can destroy evidence... and still get a dismissal."
Detroit Police Sgt. Marian Stevenson, the homicide detective on Greene's case, claimed the "talk through Homicide" was that Greene's slaying was connected to the Manoogian Mansion incident.
Stevenson claimed that case notes from her computer files, four floppy disks disk, a video from Greene's funeral that depicted two Detroit police officers in attendance and other documents vanished from the file.
The investigation was later reassigned to another investigator.
Yatooma says six officers lost their jobs or were demoted in connection with the Greene case.
When it came to the investigation into the shooting death of Greene, Kilpatrick "obstructed anything and everything that got in his way," said Yatooma in March.
"The homicide file was completely and utterly destroyed," said Yatooma, emails vanished and "six officers who were investigating him or Tammy Greene were all demoted, terminated or otherwise threatened."
"Whether the party happened or not" is not the issue in the Tamara Green case, said Yatooma, it's the lengths Kilpatrick and his administration went to in their attempt to ensure its existence — and Greene's slaying — were never fully investigated.
Depositions taken from former Kilpatrick mistress and aide Christine Beatty and former Attorney General Mike Cox during the discovery portion of the Greene lawsuit have been sealed and unavailable to the public.
Yatooma said the depositions will remain sealed unless their confidentiality is challenged by the public.
Greene's case stems from the fabled, oft-denied but never-proven party at the Manoogian Mansion in the fall of 2002.
Greene, 27, also known by the stage name "Strawberry, was a stripper. It's alleged she attended the Kilpatrick party and got into an altercation with the then-Mayor's wife, Carlita Kilpatrick, who was unhappy with her presence and proximity to her husband.
Greene was gunned down in a drive-by shooting the following April.
U.S. Court of Appeals 6th Circuit Case Summaries: May 10, 2013
Michigan Lawyers Weekly
May 10, 2013
Civil Rights Claims from alleged obstruction of murder investigation dismissed The federal district court properly dismissed plaintiffs’ claims that they were denied access to the courts by the City of Detroit and its former mayor, Kwame Kilpatrick.
Plaintiffs claim that the city and Kilpatrick conspired to obstruct the investigation of their mother’s homicide, which deprived them from bringing a wrongful death action against their mother’s killer.
However, plaintiffs have not shown that despite the alleged obstruction, there was a reasonable probability that their mother’s killer would be apprehended. “Plaintiffs allege that, in or around fall of 2002, then-Mayor Kwame Kilpatrick and several members of his Executive Protection Unit (EPU) were present at a party at the Manoogian Mansion, Detroit’s mayoral residence. “It was rumored that Tamara Greene [the mother of the plaintiffs in this case] performed at this party as an exotic dancer, and that Carlita Kilpatrick, Kwame Kilpatrick’s wife, arrived at the party unexpectedly and assaulted Greene. “On April 30, 2003, at approximately 3:40 a.m., Tamara Greene was shot to death in her car.”
Plaintiffs allege that there was significant speculation in the Detroit Police Department that Greene’s homicide was linked to the alleged party at the Manoogian Mansion. Plaintiffs sued after marshalling evidence that they claim establishes that Greene’s homicide investigation was stalled on many occasions, and that certain police officials were given promotions in exchange for hindering the investigation. In addition, plaintiffs note instances in which some evidence connected with the homicide investigation disappeared.
Plaintiffs also moved to introduce evidence that the city and Kilpatrick retaliated against two police officials, Brown and Nelthrope, who investigated Kilpatrick and members of his EPU. These officials filed a whistleblower suit, received a multi-million dollar verdict and eventually settled the case. Plaintiffs also wanted to present evidence that the city and Kilpatrick interfered with the state of Michigan’s investigation into Brown’s firing, the alleged party and purported misconduct by Kilpatrick’s EPU.
The federal district court denied plaintiffs’ evidentiary motion and granted Kilpatrick and the city summary judgment. The 6th Circuit affirmed.
“The Supreme Court has recognized a constitutional right of access to the courts, whereby a plaintiff with a nonfrivolous legal claim has the right to bring that claim to a court of law. See Christopher v. Harbury, 536 U.S. 403, 415 n.12 (2002)[.] …
“Plaintiffs claim that Defendants deprived them of their constitutional right (§ 1983 component) to access the courts (denial of access component) to bring a claim of wrongful death (underlying substantive component) against their mother’s shooter(s). … “Swekel v. City of River Rouge, 119 F.3d 1259 (6th Cir. 1997), and Christopher permit us to enumerate the elements of a backwardlooking denial of access claim: “(1) a non-frivolous underlying claim[;] “(2) obstructive actions by state actors[;] “(3) ‘substantial[ ] prejudice’ to the underlying claim that cannot be remedied by the state court[;] and “(4) a request for relief which the plaintiff would have sought on the underlying claim and is now otherwise unattainable[.]”
As an initial matter, the federal district court correctly denied plaintiffs’ evidentiary motion. Plaintiff did not establish admissibility under Rule 404(b) because they could not show that the prior acts were admissible for a proper purpose other than propensity.
“Even if Plaintiffs had a viable underlying wrongful death claim and the City and Kilpatrick both had a custom or policy of obstructing the Greene investigation to which all suspicious transfers, reassignments and evidence disappearances are attributed, Plaintiffs’ conspiracy and denial-of-access claims cannot survive because the third element of denial of access, prejudice, is absent.
“There is no genuine dispute of material fact as to whether, in fact, the obstruction substantially and irreparably prejudiced Plaintiffs’ ability to recover on their wrongful death claim by making it impossible to find Greene’s killer. … “Plaintiffs fail to point to anything indicating any reasonable probability of Greene’s killer being found in the absence of the alleged obstruction. …"
Even assuming that all missing items and counterproductive personnel assignments were pursuant to a policy of obstruction, Plaintiffs fail to raise a genuine question of disputed fact as to whether a reasonable probability exists that Greene’s killer would have been found absent the alleged policy.
Thus, the district court did not err in granting summary judgment in favor of Kilpatrick and the City of Detroit.” Flagg v. City of Detroit, et al. (MiLW No. 01-81912 - 18 pages) (6th U.S. Circuit Court of Appeals) (Cole, J., joined by Siler and Sutton, JJ.) On appeal from the United States District Court for the Eastern District of Michigan; Rosen, J.
Snyder to face questions under oath about Detroit bankruptcy filing
Detroit News
September 10, 2013
Gov. Rick Snyder agreed Tuesday to face questions under oath about why he authorized a Detroit bankruptcy under terms of a deal that slows the pace of the biggest Chapter 9 filing in U.S. history.
The deal was hatched on the sidelines of a bankruptcy hearing Tuesday after U.S. Bankruptcy Judge Steven Rhodes grilled a state lawyer about a last-ditch attempt to shield Snyder and members of the administration from being deposed in the case.
The forthcoming depositions mark a victory for city unions that are trying to prove the city negotiated in bad faith before filing bankruptcy July 18. Snyder must sit for a three-hour deposition on an as yet unscheduled date, under terms brokered Tuesday.
Also Tuesday, Rhodes delayed hearing arguments from creditors based on legal issues surrounding the city’s eligibility for bankruptcy relief. Scores of creditors have objected to the city’s eligibility and have asked for more time to question Snyder and obtain discovery, including emails and other documents.
Rhodes moved the hearing from Sept. 18 to Oct. 15 in a move that delays the city’s fast-track bankruptcy case.
Snyder agrees to sit for Detroit bankruptcy grilling
Gov. Rick Snyder agreed to face questions under oath about why he authorized the biggest municipal bankruptcy filing in U.S. history.
Lawyers struck a deal Tuesday that resulted in Snyder agreeing to sit for a deposition with creditors who are trying to prove the city is not eligible for bankruptcy relief.
After some tough questioning from U.S. Bankruptcy Judge Steven Rhodes, lawyers for the state Attorney General’s office and several unions hatched a deal to allow depositions of Snyder, Treasurer Andy Dillon and members of the governor’s inner circle.
The deal caps the depositions at three hours.
Rhodes also delayed hearing arguments based on legal issues surrounding the city’s eligibility for bankruptcy relief. Scores of creditors have objected to the city’s eligibility and have asked for more time to question Snyder and obtain discovery, including emails and other documents.
Rhodes moved the hearing from Sept. 18 to Oct. 15 in a move that slightly delays the city’s fast-track bankruptcy case.
Judge, lawyer spar over Snyder deposition
The debate between U.S. Bankruptcy Judge Steven Rhodes and a state lawyer got testy Tuesday after the state tried to shield Gov. Rick Snyder from facing questions under oath about why he authorized the city’s bankruptcy case.
“The city is struggling under incomprehensible financial burden,” Rhodes said to Assistant state Attorney General Margaret Nelson. “In an attempt to create a viable, if not thriving, future for itself, it needs to do that with all deliberate speed.
“(City lawyer) Bruce Bennett said they want to file a plan of adjustment by the end of the year,” the judge said. “You heard that, right?”
“Yes,” said Nelson, who has argued unions and creditors are not entitled to question Snyder about his motives for authorizing a bankruptcy filing July 18.
“Is it really in the best interest of the city and the people of the state of Michigan for the governor to be asserting a deliberative process privilege in this case, mam?” the judge said.
“It is in the best interest that this proceeding go forward without being muddied up on side-track issues and focusing on matters that are not relevant,” Nelson said.
“I didn’t ask you about relevance,” the judge said.
Later, the judge called it “incomprehensible” that the state waited until late Monday to claim Snyder has executive privilege that would prohibit facing questions about his thought process.
The late filing robbed the city and others from challenging the claim before today’s hearing.
State fights bid to grill Snyder under oath
An assistant state Attorney General urged U.S. Bankruptcy Judge Steven Rhodes to block unions from questioning Gov. Snyder and other officials while trying to prove Detroit is ineligible for bankruptcy relief.
The deposition requests should be blocked because Snyder merely authorized the city’s historic bankruptcy petition July 18. Emergency Manager Kevyn Orr determined that the city was eligible for bankruptcy, not the state, so the deposition subpoenas are irrelevant, Assistant Attorney General Margaret Nelson said.
“What creditors want is to inquire into the governor’s motive, why he signed it, why he signed it the way he did, and why” Snyder didn’t insulate city retiree pensions from being slashed in bankruptcy court, Nelson said.
The governor’s thought process is irrelevant, she added.
Rhodes pressed her on that claim.
“The governor gave his permission for the filing, why isn’t everything he considered in granting that authorization relevant to the issue of the good faith of the filing?” Rhodes asked.
Snyder is protected from such questions, Nelson argued, and her office claims the subpoenas would subject him and other state officials, including Treasurer Andy Dillon, to “unnecessary and unduly burdensome discovery.”
Rhodes took a veiled swipe at Nelson for filing paperwork late Monday that argued Snyder has executive privilege protecting him from facing questions about his deliberative process.
“We were not clear that they were seeking his deliberative process,” Nelson said.
“I want to challenge you on that,” Rhodes said. “It is hard for me to imagine what they were going to ask the governor in a deposition other than that. What else is there to ask him about?”
Unions push for more time, access ahead of bankruptcy fight
Union lawyers pushed U.S. Bankruptcy Judge Steven Rhodes to let them obtain emails and question Gov. Rick Snyder and other state officials under oath in a bid to show the city negotiated in bad faith before filing bankruptcy in July.
“We just got discovery from the emergency manager and the city but not the who, what, why when and how the governor and the state made decisions that led up to the filing,” AFSCME lawyer Sharon Levine told the judge Tuesday.
The unions argue Detroit negotiated in bad faith and the bankruptcy filing violates the state constitution, which protects vested pensions earned by municipal workers.
In a flurry of motions Friday and Monday, lawyers for AFSCME, the United Auto Workers, pension funds, retiree groups and others raised concerns about time restrictions and the fast track Rhodes has set for the case over the coming weeks. The unions and retiree groups want more time to argue against Detroit’s eligibility for bankruptcy protection than the one day, Sept. 18, set by the judge.
Pension fund lawyer Robert Gordon proposed delaying the Sept. 18 hearing for two weeks to give the creditors more time to depose the governor and obtain emails and other documents.
City bankruptcy lawyer Bruce Bennett urged the judge to keep the case on a fast track in hopes of reaching a decision on the eligibility issue by late October.
“What is important to us is that this process is concluded as rapidly as possible,” Bennett said.
Cop linked to Manoogian party surfaces in Detroit bankruptcy case
A $950,000 claim against the city links the long-rumored Manoogian Mansion party, a dead stripper, ex-Mayor Kwame Kilpatrick and the city’s historic bankruptcy case.
Detroit Police Lt. Shawn Gargalino filed the claim in bankruptcy court. That’s the amount he hopes to be awarded in connection with a civil lawsuit against the city that alleges Gargalino was passed over for a promotion because he is white and that the city “perpetuates an atmosphere of racial antagonism toward whites.”
Gargalino was a fringe figure in the dismissed $150 million lawsuit filed against the city by the family of slain stripper Tamara “Strawberry” Greene. Greene allegedly danced at a rumored but never proven party at the Manoogian Mansion, the mayor’s official residence, in 2002. She was killed in an unsolved drive-by shooting in 2003.
Gargalino was identified by a police dispatcher as being the supervising officer sent to the Manoogian Mansion following several 911 calls, according to court records.
Baloney, Gargalino says.
His case, like many others, was pending when the city filed Chapter 9 bankruptcy July 18. The bankruptcy froze almost all lawsuits against the city.
Judge refuses to unseal Detroit cops' depositions in suit involving slain stripper
Pioneer, The (Big Rapids, MI)
October 1, 2013
DETROIT - The lawsuit involving the rumored yet never proven wild party at the Manoogian Mansion has witnessed yet another development.
A federal judge ruled that he would not unseal the depositions of two Detroit police officers who were once part of ex-Detroit Mayor Kwame Kilpatrick's infamous executive protection unit, according to a court document filed Monday.
The officers, Michael Martin and Lorenzo Jones, are suing the City of Detroit and a Detroit police sergeant, alleging their careers have been ruined since they were wrongfully linked to the murder investigation of slain stripper Tamara Greene, who was rumored to have danced at the Manoogian Mansion party when Kilpatrick was mayor.
"This motion does not even attempt to identify a need for access to the deposition testimony," U.S. District Judge Gerald Rosen wrote in his ruling, noting that Jones and Martin can be deposed again.
The attorney for Martin and Jones could not be immediately reached for comment by the Detroit Free Press.
According to court records, Detroit Police Sgt. Marian Stevenson, the homicide detective initially assigned to the Greene probe, said under oath that she saw a videotape that showed Martin and Jones at Greene's funeral, which, they claim, wasn't true.
Greene's family unsuccessfully sued the city and Kilpatrick, alleging they obstructed Greene's murder. The case is on appeal.
Meanwhile, Martin and Jones want Rosen to unseal their depositions so they can use them in their civil lawsuit against the city.
New Flint police chief denies detective's claims of Detroit cover-up
Flint Journal
October 14, 2013
FLINT, MI – Flint's new emergency manager said he was unaware the city's new police chief was the target of a lawsuit alleging he blocked a detective's efforts to solve the killing of an exotic dancer tied to a long-rumored party at the home of disgraced ex-Detroit mayor Kwame Kilpatrick.
Flint emergency manager Darnell Earley hired Detroit Deputy Police Chief James Tolbert last month to replace Alvern Lock, who resigned as Flint police chief. Tolbert started on Monday, Oct. 14.
Earley cited Tolbert's leadership style, confidence and experience in policing in an urban environment in hiring the 27-year veteran with Detroit police.
According to Gov. Rick Snyder's office, Tolbert was recruited for the Flint job by Rich Baird, Snyder's "transformational manager" whose job it is to fill important posts.
Earley said the Kilpatrick allegations did not come up during his discussions about Tolbert and that he is satisfied that the governor's office settled any outstanding concerns with Tolbert.
"Some of the specifics of (Tolbert's) work we're not discussed," he said.
Odell Godbold is suing Tolbert, the Detroit Police Department and two other Detroit police officials, accusing them of interfering with his investigation for political purposes. The lawsuit is currently on hold because of Detroit's bankruptcy.
Tolbert denied Goldbold's claims.
"That's not the case at all," he said. "I was in charge of homicide at the time and I totally during the time of the investigation was making sure that we absolutely made that investigation to the fullest."
Tolbert also said he investigates all crimes to the fullest.
Flint Police Officers Union President Kevin Smith said several of his members have raised concerns about Tolbert and claims that he blocked Godbold's investigation into the April 2003 killing of Tamara Greene.
Greene's family claims she was killed because she knew too much about the alleged party and that Kilpatrick and other Detroit officials worked to cover up her slaying.
A federal appeals court this year upheld a lower court's decision that there no evidence to support those claims. No officials have been charged with a cover up, including Kilpatrick, who was sentenced to 28 years in prison last week on corruption charges.
Smith said he is willing to look at Tolbert with a clean slate if Tolbert can provide strong leadership.
"We need a strong leader now," said Smith. "We need someone to come in to make this the great city it once was."
Flint officers have clashed with chiefs in recent past, voting "no confidence" against Flint police Chief Alvern Lock this year and former chief Gary Hagler in 2006.
Flint City Council President Scott Kincaid said he didn't have enough information to comment on the Greene investigation but said his issue with the hiring of Tolbert is the lack of community's input.
"The community should have some indication who is going to be the new chief so he can be vetted by the community," said Kincaid.
New Flint police chief takes new approach to top cop job
MLive
Dec 9, 2013
FLINT, MI -- New Flint Police Chief James Tolbert was walking out of a meeting at City Hall when he was approached by a man who said there was a panhandler outside.
It was hardly the most urgent or important call Tolbert will respond to in America's most dangerous city, but how Tolbert handled the situation shows what kind of chief he wants to be. He walked over to the man with the scruffy beard and grubby clothing.
A no non-sense cop may have gotten in his face, scolded the man and threatened to arrest him. But Tolbert calmly told the man that there's no soliciting at city hall, and that he would have to go on his way. The new chief asked the man if he wanted anything, and he mumbled that he wanted some coffee.
Tolbert pointed to a coffee stand, let the man get his coffee, and then the man left. Tolbert, 53, wants to tackle problems head on, but also wants to have a public persona and transparent for a department that's been criticized for not caring about the people it serves.
"He's probably asking for money because he doesn't have any money," Tolbert said, adding things would have ended much differently if the man was being combative. "So I can lock him up or I could have a conversation with him and say 'you can't do this. You have to move on.'"
Then he gives his philosophy on how to deal with people like the man.
"The negative way (would be) to say 'look at this guy he's out here not doing anything with himself,'" he said. "No, he's a human being. I believe when you interact with people as a police officer you think 'if it was your mother, father, sister, brother, how would you want the police to act and treat them?'"
In nearly two months since Gov. Rick Snyder's administration tabbed Tolbert to lead Flint police, Tolbert is trying to make the department more analytical about crime and public-friendly.
Calls for service and crime logs are being posted online. In the future he wants to post real-time crime data on the city's website. He's calling more press conferences for updates on cases.
It's a far different feel than what the department was like under former Chief Alvern Lock, who lost the faith of some of his officers as evidenced by a "no confidence" vote earlier this year,
Flint Police Officers Association President Kevin Smith said Tolbert is much more hands on than Lock or other previous chiefs were.
"He's also very personable and vocal," said Smith. "He's just one of those guys that he sees you he asks how things are going and what you're up to. When you do that it boosts morale."
At the same time, Tolbert's also pushing the department to be more data-driven with identifying hotspots and problem areas. He wants his officers to do more proactive policing. All this is to reach his main goal: Reduce crime and get Flint off the "most violent" list, a title its had for the last three years.
Always asking questions
Tolbert said he regularly works 12-hour days, getting in about 7:30 a.m. and also comes in on the weekends. He meets each morning with his top command staff, which includes the two captains and the head of the homicide division, to go over the last 24 hours of crime.
He allowed the Flint Journal to sit in on some meetings on Tuesday, Nov. 26. It was quiet the night previous, he is told. There were some weather-related accidents, including two that involved minor police officer injuries. They also discuss the recent homicide of a 16-year-old boy on Tobias Street.
Tolbert constantly is asking questions, and topics vary widely from gang maps to the upcoming implosion of the Genesee Towers. He's particular in what he wants â he even switched the sides of the logos of the Flint police and Michigan State Police at the top of the press release form.
Later, he wanted the synopsis of the implosion plan for the police completed in a certain way. He likes to go down to meet with officers in the station and will go out to some calls.
Nearly two months on the job, Tolbert is getting to know Flint. Seeming that he grew up in Detroit and worked there for nearly three decades, he had a lot to learn about the new town. He's gone to meeting after meeting with local officials and regular residents.
He's been impressed with the work of the Flint police officers, who he said do so much with little resources and credits the Michigan State Police with the 40 people patrolling the city or working in the detective bureau.
Being more efficient
That's not to say he doesn't see some things that could be done better. A goal Tolbert has is to work on getting some of the 40,000 warrants off the book. He's already completed a two-day warrant sweep netting 38 arrests that cleared 85 violent felony warrants.
"It's all about a calamity of consequences," he said. "Gone are the days of the 'dis'-appearance ticket. You have a warrant you are going to jail."
The effort in reducing the number of warrants is important and Tolbert has promoted the idea in talks with community groups, said Mayor Dayne Walling.
"He was just adamant about the need to focus on getting known offenders off the streets so the community actually sees a reduction in crime because a known offender on the street is going to commit additional criminal incidents," said Walling.
Working with service organizations to work with the external issues of crime also is important, he said, because police can't arrest its way out of community problems.
He also wants to be more efficient so police can do some proactive policing. It's tough to do with fewer resources -ÂÂ there are about 140 sworn police officers in the department - but there are ways to be more efficient, Tolbert said.
Police can do that by eliminated calls, such as having victims of crimes such as property destruction submit a report on the CopLogic system on the city's website. It also is about prioritizing calls, taking the most important first.
He also said he wants more hot spot policing by identifying where the crimes are and who are committing them. A self-described "tech guy," he's already been talking to Wayne State University to bring in some people who can install and analyze that material.
"It's about using crime data to target the people perpetuating these crimes," said Tolbert.
In his previous job, he has had some success in reducing crime from data that was collected and analyzed, said Andrew Arena, former agent in charge of the FBI Detroit division. Arena was part of the Violent Crimes Task Force made up of federal, state and local law enforcement where Tolbert was one of the Detroit police representatives.
Crime dropped 50 percent on Detroit's eastside as part of a targeted effort in 2010, Arena said. Tolbert was a person who wasn't afraid to speak his mind and tell people how he saw things, he said.
"I think he's a big picture type of guy," said Arena. "He knows what needs to be done. Flint is not unlike Detroit. You got less resources so you have to do more with less. You have to look at intelligence and data to know where to use your resources."
Growing up
Tolbert grew up on Detroit's northwest side. His father was a factory worker with General Motors and his mother working as a nurse in the Wayne County Jail. He has an older brother, younger brother and a twin brother.
After graduating from the now-closed Detroit St. Martin De Porres High School in 1978, Tolbert's father informed him there was not enough money in the family to pay for him to go to college. That removed the option of being a walk-on at a small school in Indiana to play football.
So the next step was joining the military. He went to a recruiting office and walked up to the Army recruiter. He paid Tolbert no attention, so he moved onto the Marines. He saw a photo of a Marine above the recruiter.
"I looked up and saw a (picture) of a guy in dress blues and said 'I want to wear that' and that's how I joined the Marine Corps," he said.
His father was a bit taken aback what his son did.
"I said you told me I had to do something. And he said 'but you joined the hardest one,'" said Tolbert with a laugh.
Despite the rigors of being a Marine, Tolbert excelled. He earned the "honor award" for being a top recruit, he said. He wanted to gain a skill while serving, and thought he wanted to be a truck driver.
But Tolbert was assigned to the Military Police, and found that he liked the work. After he was moved the reserves, he joined the Detroit Police Department in the 1980s. While at DPD, he served in the first Gulf War, mostly policing the base and going on transports.
He retired from the reserves in 1999.
Time with DPD
The Detroit Police Department has had many scandals, controversies and alleged conspiracies over the years.
One case Tolbert worked on was the Tamara Greene case. Tolbert was named in a lawsuit alleging he blocked a detective's efforts to solve the killing of an exotic dancer tied to a long-rumored party at the home of disgraced ex-Detroit mayor Kwame Kilpatrick.
Tolbert denies stopping anyone from investigating. He becomes animated when talking about the case, leaning forward and throwing up his arms.
"What I told my officers is we are going to investigate the homicide, and where ever it takes us, that's where it takes us," said Tolbert. "I never had anybody from the city government from the mayor on down on how to handle the investigation. Never happened."
He also doesn't believe the alleged party ever happened.
"I just can't see that kind of conspiracy happening without somebody somewhere down the line saying 'you know what, here it is, this is what happened, I was there,'" Tolbert said. "We can't find anybody that's ever said that."
Tolbert worked his way up the chain, eventually heading up the homicide unit and then becoming deputy chief. For every serious shooting or homicide, Tolbert would receive a call.
"Not a night went by that I wasn't notified about something," he said.
By contrast, it can be much slower in Flint, he said, when there's nights when nothing major is happening.
The man who oversaw Tolbert while he was in charge of homicide had nothing but good things to say. Tony Saunders, who retired in 2007 as deputy chief, called Tolbert "extremely competent and a hard worker" who executed well.
He always exceeded performance goals and the case closure rate went up from 44 percent to 51 percent under Tolbert's leadership, said Saunders.
"You have to be an analytical person, you have to spot trends and motivate your staff," Saunders said. "He was able to do that."
Mike Stefani, the former Detroit police officer and attorney who represented the officers that blew open the Kilpatrick text message scandal, said Tolbert will make a good chief. Stefani said the two have been friends for years.
He said Tolbert was able to stay above the fray from the issues at the DPD.
"He was hard working and knowledgeable," said Stefani. "Tolbert was the kind of guy that, although he knew the brass, he was also extremely competent."
But not everyone was so impressed with what Tolbert did with Detroit police. An outspoken and retired sergeant in the Detroit Police Department David Malhalab said he doesn't believe Tolbert was a good selection for chief.
"He should not be a police chief anywhere in this country," said Malhalab, adding that Tolbert was recently passed over for Detroit's chief position. "Flint shouldn't have to suffer with Detroit's deputy chief."
Good reviews so far
Tolbert said he has been impressed with the "spirit of volunteerism" and the will of resident's to make the city a better place to live. He's even had a chance to eat at the Flint institution Halo Burger, although he hasn't had a Flint-style coney dog yet.
City leaders have good things to say about the chief so far.
Earley had high praise.
"The chief has done an exceptional job, and has brought dynamic new leadership to police services in the City of Flint," he said.
Flint City Council President Scott Kincaid said Tolbert has shown good leadership.
"I've got a lot confidence in the new police chief in taking the city in the right direction as far as being involved in community policing and having a better relationship with police officers in the city of Flint."
Smith said officers are happy with what has gone on so far.
"He's out there on the front lines with guys, backing up on calls," Smith said. "He's doing everything a chief should."
Walling said he has been impressed with his leadership and willingness to meet with officers and community groups.
"He's taken an aggressive approach to reducing crime in the City of Flint by re-engaging the Flint Police Department and also the community," said Walling.
Greene family, city of Detroit keep legal battle alive in bankruptcy court
Detroit News
May 15, 2014
Detroit - More than a decade after a rumored party at the Manoogian Mansion and the slaying of exotic dancer Tamara Greene, the battle over whether the city and former mayor Kwame Kilpatrick quashed the murder investigation continued Thursday with a filing in federal bankruptcy court.
Greene's family filed a lawsuit in 2005 in U.S. District Court against Kilpatrick and the city, claiming the disgraced mayor and his appointees obstructed the police probe into her April 2003 drive-by killing. But the lawsuit is frozen because the city is in bankruptcy, so both the family's attorneys and the city have filed motions in federal bankruptcy court to argue their cases.
The lawsuit, which sought $154 million in damages, was denied in 2011 by U.S. District Judge Gerald Rosen. Norman Yatooma, attorney for the Greene family, appealed the decision to the U.S. Court of Appeals. The appellate court last year upheld the lower court's decision.
Yatooma plans to appeal the case to the U.S. Supreme Court, but when the city filed bankruptcy in July 2013, all lawsuits against the city were put on hold. In February, Yatooma filed a proof of claim in bankruptcy court listing Greene's family as one of the city's creditors; the motion filed Thursday by the city objected to Yatooma's proof of claim.
"The city has no liability to the claimant ... and seeks the entry of an order ... disallowing and expunging the claim," city attorneys wrote in Thursday's court filing. "The city seeks the entry of an order disallowing and expunging the claim because the claim asserts alleged liabilities that have already been adjudicated on a final basis in the city's favor."
Yatooma said Thursday his filing and the city's were perfunctory.
"We filed an appeal for writ to the U.S. Supreme Court, but bankruptcy automatically stays all litigation," he said. "We had to file a proof of claim in bankruptcy court to say our case is still pending. If we didn't file that in bankruptcy court, we'd waive our right to appeal (to the Supreme Court), and if the city had to file their objection. That's what happened (Thursday)."
Yatooma expressed hope that the High Court would rule in favor of the Greene family, since both Rosen and the appellate judges found the city destroyed evidence in the Greene case.
"The federal court dismissed our case, but in the same hearing the magistrate made a scathing recommendation for sanctioning the city for destroying evidence," Yatooma said. "So the judge accepted that recommendation, then dismissed our case for lack of evidence. So the city destroyed evidence, but didn't hamper the investigation? That's incredible."
The appeals court judges wrote: "Even assuming that all missing items and counterproductive personnel assignments were pursuant to a policy of obstruction, plaintiffs fail to raise a genuine question of disputed fact as to whether a reasonable probability exists that Greene's killer would have been found absent the alleged policy. Thus, the District Court did not err in granting summary judgment in favor of Kilpatrick and the city of Detroit."
Rumors of a raucous party at the mayor's residence eventually led to Kilpatrick's downfall. The mayor fired then-deputy chief Gary Brown, who claimed in a lawsuit he was dismissed for investigating the alleged party. Officer Harold Nelthorpe also sued the city on the same grounds.
In 2007, a jury awarded Brown and Nelthrope $6.5 million after a trial in which Kilpatrick and chief of staff Christine Beatty denied they had an affair. After vowing an appeal, Kilpatrick abruptly changed course and settled for $8.4 million.
It was later revealed that Brown's attorney, Mike Stefani, had given text messages to the Detroit Free Press prior to the settlement, which showed Kilpatrick and Beatty were involved in an affair.
Stefani claimed he'd given the text messages to the newspaper "for safekeeping."
Kilpatrick was charged with perjury, and eventually pleaded guilty to obstruction of justice, and agreed to abdicate the mayor's seat.
After serving a four-month jail term and moving to Texas, Kilpatrick was indicted by federal authorities for public corruption in a separate case. In October 2013, he was sentenced by federal Judge Nancy Edmunds to 28 years in prison, matching the longest sentence ever given to a public official.
Kilpatrick is serving his sentence in an Oklahoma federal prison.
Chaos outside the federal courthouse
Attorney for Tamara Greene’s family, speaks to the press after Kilpatrick sentencing
The Detroit News
Sep 29, 2015
New play resurrects Detroit story of murder, corruption
The Detroit News
Jan 26, 2017
Given the players involved and the outrageous circumstances, it was only a matter of time before the murder of exotic dancer Tamara “Strawberry” Greene became the basis for a true crime drama.
Fourteen years ago, the 26-year-old made front-page headlines after she was murdered in a drive-by on Detroit’s west side, four months after allegedly performing at a party for former Mayor Kwame Kilpatrick at the city’s Manoogian Mansion. Unconfirmed accounts claim the mayor’s wife crashed the bacchanal, witnessed Greene giving her husband a naked lap dance and attacked her with a baseball bat.
There are those who believe Greene’s death was tied to the mayoral scandal, and others who believe she may have been done in by a jealous ex. In any event, the case was put on ice, and Kilpatrick has been sent off to an Oklahoma federal prison for corruption charges unrelated to the party.
The question remains: Who killed Strawberry?
Former Detroit Free Press columnist and reporter Carol Teegardin explored the mystery in her 2011 self-published book “Strawberry: How an Exotic Dancer Toppled Detroit’s Hip-Hop Mayor.” Teegardin has since adapted the book into a three-act play, “Strawberry — What Party?” that premiered Jan. 20 at the Marlene Boll Theater to a nearly sold-out crowd.
Directed by Henry Ford College’s Mary Bremer-Beer, “Strawberry” returns for three shows this weekend.
She says her goal in producing the play was not only to unthaw this under-examined cold case, but also to be able to breathe new life into the story with a talented local cast and crew.
Teegardin spent years researching Greene’s life and murder for her book, interviewing more than 100 people involved with the case, as well as members of Greene’s family. But the final product didn’t flesh out the characters’ personalities to her satisfaction.
“In the book, it really felt like I wasn’t bringing her or Kwame to life enough,” she says. “In a play, I could show their humanity.”
Though it seems like an obvious challenge to cast the story’s main characters — a dead stripper and a corrupt politician — in a positive light.
“(Greene) was dismissed in the press at the time as somebody who was a dancer, who was in the wrong place at the wrong time and got killed,” she says. “Kwame actually had a charismatic way about him that a lot of people didn’t really get.”
The actor playing Kilpatrick, Roosevelt Johnson of Detroit, oozes charisma, but he’s 58 and less physically imposing than the former mayor. He says Beer instructed him to focus on developing empathy for his character.
“Hopefully, I can embody the strength and the passion he had for Detroit ...,” Johnson says.
Teegardin hopes the play’s portrayal of Greene dispels any preconceived notions about the dancer’s inner life.
“She wanted to be a nurse, and she was going to go to school,” she says.
The play doesn’t draw conclusions about what actually happened to Greene on that fateful, rainy April night in 2003. Instead, Teegardin hopes to inspire the audience to consider broader issues of social injustice.
“Her life didn’t matter to the police,” she says. “It’s only one woman that this happened to, but she represents a whole lot of others.”
Judge involved in Detroit bankruptcy turns to new job
The Detroit News
Jan 31, 2017
The federal judge who engineered an $820 million philanthropy deal that pulled Detroit from the depths of the largest municipal bankruptcy in U.S. history is ready for his second act.
U.S. District Judge Gerald Rosen is retiring from the federal bench on Tuesday after 26 years, hanging up his black robe for a job in the private sector as a mediator, a role he relished in the city’s bankruptcy case that lasted from 2013 to 2014.
“At 65, you may not get a lot of chances,” Rosen said. “F. Scott Fitzgerald said there are no second acts in American lives. I am hoping to prove him wrong.”
On Wednesday, Rosen will open a Detroit branch of Judicial Arbitration and Mediation Services.
There, he will join former retired U.S. Bankruptcy Judge Steven Rhodes, who presided over the Detroit bankruptcy case; Clarence “Rocky” Pozza Jr., a retiring partner at Detroit-based Miller Canfield Paddock & Stone, and Mary Beth Kelly, a former Michigan Supreme Court justice.
And even though the city’s bankruptcy is over, Rosen said he relives many of its moments often, whether it’s when a stranger stops him to talk about the case in the grocery store or as part of a book he has written on the subject that is being offered to a film and a book agent.
“I’ve loved every minute of it,” Rosen said of his time on the bench. “But it’s time for me to do something else.”
But that “something else” does not include plans to run for any office, he said.
Rosen’s professional life can be broken into three chapters: before Detroit’s historic Chapter 9 municipal bankruptcy, the bankruptcy itself and his future life outside the walls of Detroit’s federal courthouse.
Rosen led the mediation team that helped Detroit exit its record-setting municipal bankruptcy in just 18 months. He is credited with rallying foundations in Michigan and from across the nation into investing hundreds of millions to save Detroit and its prized city-owned art collection from creditors.
But there are many other cases in which Rosen — nominated by President George H. W. Bush in 1989 and chief judge from 2009 to 2015 — established himself as a notable jurist in the Eastern District of Michigan, which serves Metro Detroit and the eastern half of the lower peninsula.
In 1997, Rosen was among the first federal judges in the nation to overturn a state ban on partial-birth abortions, saying the law was unconstitutionally vague.
The same year, he ruled the state could prosecute Dr. Jack Kevorkian, holding that the U.S. Constitution provides no legal protection for physician-assisted suicide.
In 2004, he presided over the Detroit Sleeper Cell case, the first criminal trial to result from the federal 9/11 terrorism probe. Though a jury convicted three North African immigrants in the case, Rosen overturned the convictions after discovering that prosecutors had withheld evidence favorable to the defendants.
Margaret Sind Raben, who has practiced law for 30 years in Metro Detroit, including as a defense attorney in the terrorism case, said the judge’s decision to toss the convictions was nothing less than heroic.
“Despite the fact we had tied up his courtroom for months — it was a very expensive trial with the platooning of federal marshals in for security — he took these claims very, very seriously,” Raben said.
Then in 2011, Rosen dismissed a lawsuit filed by the family of Tamara Greene, a 27-year-old exotic dancer who was killed in a drive-by shooting in 2003, some eight months after supposedly dancing at a rumored — but never proven — party at Detroit’s mayoral mansion.
Rosen said there was no evidence that former Mayor Kwame Kilpatrick or city officials sabotaged Greene’s murder investigation to protect the mayor or his wife, Carlita Kilpatrick.
“I have practiced in front of him for more than 20 years, and I have not always agreed with his rulings, but I always came out of his courtroom and the case believing I was now a better a lawyer,” Raben said. “That’s a pretty significant thing to say about any judge. He is a cogent teacher of the law, of evidence. ... He is good at explaining where he came from and how he came to this particular point of view.”
Rosen, a former congressional aide who mounted an unsuccessful run for Congress in 1982, is credited with improving the diversity of the jury pool in his district, persuading the General Services Administration to spend $140 million to renovate the courthouse in Detroit and guiding the court through budget cutbacks without layoffs.
“People are going to judge the value of my service based on the larger cases I handled. I hope people will believe I was a fair judge, not afraid to make the hard calls,” Rosen said during an interview in his chambers on the seventh floor of Detroit’s federal courthouse.
“But now I couldn’t imagine going back to being a lawyer. I like trying to bring people together. I’ve always enjoyed it. The bankruptcy was a Rubik’s cube, and each set of the parties was a Rubik’s cube. I enjoyed the challenge of getting everything to fit together.”
Rosen said he is working with two agents on the bankruptcy book: one a book agent and the other a Hollywood-based film agent.
Detroit native and actor Keegan-Michael Key is “very much involved in putting a package together” to get a film and book deal on the bankruptcy, Rosen said.
U.S. Chief District Judge Denise Paige Hood praised Rosen’s ability to generate camaraderie among coworkers.
Judges at the court work together “a really long period of time because everyone is appointed for the period of their good behavior,” she said.
“We are all working here together, and we are going to work here a long time. He generated friendship and a family-like feeling at the court,” Hood said of Rosen. “And he loves being a judge. He enthusiastically loves being a judge.”
When problems needed addressing around the courthouse, whether it was an operations issue or conflict, as chief judge, Rosen always found a way to work out the issue, Hood said.
“There are some sticky things that come up. And I think in some instances, he was really good at taking those sticky things and unsticking them,” Hood said. “They aren’t things that make or break a court but are things that can impact how the work goes forward. He was good at doing that.”
There is no timeline as to when a new judge will be appointed by President Donald Trump. Hood said all of Rosen’s cases have been sent by blind draw to remaining judges on the bench.
The next appointment to the Eastern District is likely to be based in Flint, Hood said.
Daughter of Tamara Greene speaks out for justice in mother's murder
WXYZ-TV Detroit
Aug 8, 2017
‘Strawberry’ tells story of exotic dancer, Detroit mayor
Press & Guide (Dearborn, MI
August 30, 2017
After a sold-out run at Detroit's YMCA Boll Theatre last January, "Strawberry – What Party?" is coming to Henry Ford College, running from Sept. 8 to 24 in the Adray Auditorium inside the Grant U. MacKenzie Fine Arts Center.
The two-act play is based on former Detroit Free Press reporter/columnist Carol Teegardin's book "Strawberry: How an Exotic Dancer Toppled Detroit's Hip Hop Mayor," which is about exotic dancer Tamara Greene, alias Strawberry, who was murdered April 30, 2003, in a drive-by shooting.
It was alleged in fall 2002 that Greene, a mother of three, and other strippers danced at a bachelor party at the Manoogian Mansion – the city-owned residence of then-Detroit Mayor Kwame Kilpatrick. During the festivities, Carlita Kilpatrick, the mayor's wife, supposedly came home unexpectedly and attacked Greene because of the provocative way she was touching the mayor. However, neither the alleged party nor the alleged assault has ever been proven.
Investigators said Greene was killed in a drug dispute, but conspiracy theories abound to this day, asserting that her murder was connected to the supposed events of the Manoogian Mansion party and covered up, neither of which has ever been proven. Greene's case went cold, but has recently been reopened.
In the end, Kilpatrick resigned as mayor on Sept. 18, 2008, amidst many corruption charges. He was convicted of perjury, misconduct in office and obstruction of justice. He is currently in prison. Greene's murder remains unsolved.
Teegardin has a strong point of view on the murder and surrounding events.
"I wrote the book and play because it's an unsolved piece of Detroit's history," Teegardin said. "People still want answers. It's still horrific for Strawberry's family, and I personally felt the cover-up of this homicide was cruel. Several witnesses attested to a cover-up. Homicide detectives had evidence of a cover-up, but it was swept under a rug because she was a dancer and they wanted to keep Kilpatrick's name free from scandal."
Directed by Mary Bremer-Beer, who teaches theatre at HFC, the play stars students Aleena Mae Brown in the lead role, Marcellus Hogan as Billy (Strawberry's boyfriend), Niema Barker as a city clerk, and Rosie Johnson as the former mayor. Bremer-Beer directed the play during its initial run at Detroit's YMCA Boll Theatre.
"I have worked for two years on the play with Carol," Bremer-Beer said. "She did extensive research, and I followed it in the news."
Teegardin will sign and sell copies of her book "Strawberry" during all performances. The proceeds will go to Greene's three children.
Kwame Kilpatrick's wife opens up
Click On Detroit
Apr 6, 2018
Donor comes forward with additional $100K reward for info on Tamara Greene's murder
WXYZ-TV Detroit
Oct 30, 2018
Tamara Greene murder: $100K reward added
Click On Detroit
Oct 30, 2018
Reward for arrest in Tamara Greene's death grows to $102K+
The Detroit News
Oct 30, 2018
The reward for information leading to the arrest of suspects in the slaying of an exotic dancer embroiled in a Kwame Kilpatrick scandal has gotten a $100,000 boost.
Crime Stoppers of Michigan officials will hold a news conference Wednesday to announce the reward, which now totals $102,500 thanks to an anonymous donor. The 2 p.m. news conference will be held at Crime Stoppers' offices in Southfield.
Tamara Greene, an exotic dancer who went by the name "Strawberry," was killed April 30, 2003, at the age of 27.
Greene, a single mother of three, was pulling her car up to a curb at Roselawn and West Outer Drive on Detroit's northwest side when an unknown person in a white Chevrolet Blazer passed by her vehicle and fired multiple gunshots.
Four months before her death, Greene allegedly performed at a party for Kilpatrick at the city’s Manoogian Mansion. The existence of that party was never formally proven.
Greene's family filed a lawsuit in 2005 in U.S. District Court against Kilpatrick and the city, claiming the disgraced mayor and his appointees obstructed the police probe into her April 2003 drive-by killing.
The lawsuit, which sought $154 million in damages, was denied in 2011 by U.S. District Judge Gerald Rosen. Steven Rhodes, a U.S. bankruptcy judge, disallowed and expunged the lawsuit in 2014.
Last year, Greene's death became the basis for a true crime drama called “Strawberry — What Party?”
Law firm puts up $100K reward to solve murder of Tamara Greene
WXYZ-TV News Detroit
Oct 31, 2018
Crimestoppers: $100K reward offered in Tamara Green's murder
Click On Detroit
Oct 31, 2018
Officials hope bigger reward can crack Tamara Greene murder
James David Dickson
The Detroit News
Oct 31, 2018
Southfield — The search for answers in the murder of Tamara "Strawberry" Greene has been long and difficult, stretching out more than 15 years.
But with an anonymous donor stepping forward and sweetening the reward pot for information leading to an arrest in the case to $102,500, officials hope those answers will come soon.
The original reward offered was $2,500.
Greene was dropping off boyfriend Eric "Big E" Mitchell at his home, in the area of Roselawn and West Outer Drive, about 3:40 a.m. April 30, 2003, when a white Chevy Trailblazer pulled up and someone inside fired shots, striking Greene three times, police say.
The circumstances surrounding Greene’s death have been clouded in unproven theories that have become part of Detroit lore over the years.
One theory claims that Greene, 27, was killed by Detroit police officers after dancing at a 2002 party at the Manoogian Mansion during the tenure of then-Mayor Kwame Kilpatrick. The theory is that she was slain because she "knew too much" and wanted money for her silence.
"But the very existence of the party has never been confirmed," as a 2008 Detroit News article on the case explained, "nor has any connection been shown between Greene's ... slaying and city hall."
Mike Cox, Michigan's attorney general at the time, famously dismissed the alleged party as an urban legend. The family sued the city in federal court in 2005, alleging a cover-up, but the case was dismissed in 2011.
Another theory had it that a man named Darrett King, a drug dealer and rival of Mitchell's, made sexual advances on Greene at a party about two weeks before her death and was rebuffed. Mitchell, law enforcement said at the time, intervened and beat up King. The gunfire that killed Greene also hit Mitchell five times, and Mitchell gave investigators King's nickname, telling them "it was Little D," police said.
A retired Detroit Police homicide detective testified years ago during an unrelated trial that he believes King shot Greene.
King would serve a year in prison after being convicted by a Wayne County jury of cocaine distribution under 50 grams, an offense that took place the day of Greene's death. He's at the Thumb Correctional Facility, serving time on a 2009 conviction for assault with intent to murder. That conviction stemmed from a December 2004 incident. The earliest King will get out is October 2027, and the latest is July 2038, prison records show.
A Crime Stoppers of Michigan press conference held Wednesday didn't touch on the theories for how the mother of three ended up dead. Investigators familiar with the case declined to discuss any aspect of it.
“In a perfect world, there would be no killing of a 27-year-old mom,” Matt Conquest, director of law enforcement relations for the organization, said.
Tipsters can reach Crime Stoppers of Michigan at 1-800-SPEAK-UP. All tipsters remain anonymous and Crime Stoppers pays after there is an arrest.
Greene slaying reward upped by another $50K
James David Dickson
The Detroit News
Nov 14, 2018
Detroit — The reward for information leading to an arrest in the 2003 murder of Tamara "Strawberry" Greene has been upped by another $50,000, Crime Stoppers of Michigan announced Tuesday.
That brings the total to $152,500.
In late October, an anonymous donor came forward and sweetened the reward by $100,000. It had started out at $2,500, the standard reward in Crime Stoppers homicide cases.
Now the donor is identifying himself as Robert Carmack, the organization noted in a news release.
Carmack told Crime Stoppers that he made the initial reward donation — and the subsequent donation — because he had been a single father. Greene had three children at the time of her death.
Greene was dropping off boyfriend Eric "Big E" Mitchell at his home, in the area of Roselawn and West Outer Drive, about 3:40 a.m. April 30, 2003, when a white Chevy Trailblazer pulled up and someone inside fired shots, striking Greene three times, police say.
A number of theories have been offered to explain Greene's death, but none have resulted in an arrest and conviction some 15 years later.
One theory claims that Greene, 27, was killed by Detroit police officers after dancing at a 2002 party at the Manoogian Mansion during the tenure of then-Mayor Kwame Kilpatrick. The theory is that she was slain because she "knew too much" and wanted money for her silence.
"But the very existence of the party has never been confirmed," as a 2008 Detroit News article on the case explained, "nor has any connection been shown between Greene's ... slaying and city hall."
Mike Cox, Michigan's attorney general at the time, famously dismissed the alleged party as an urban legend. The family sued the city in federal court in 2005, alleging a cover-up, but the case was dismissed in 2011.
Another theory had it that a man named Darrett King, a drug dealer and rival of Mitchell's, made sexual advances on Greene at a party about two weeks before her death and was rebuffed. Mitchell, law enforcement said at the time, intervened and beat up King. The gunfire that killed Greene also hit Mitchell five times, and Mitchell gave investigators King's nickname, telling them "it was Little D," police said.
A retired Detroit Police homicide detective testified years ago during an unrelated trial that he believes King shot Greene.
King would serve a year in prison after being convicted by a Wayne County jury of cocaine distribution under 50 grams, an offense that took place the day of Greene's death. He's at the Thumb Correctional Facility, serving time on a 2009 conviction for assault with intent to murder. That conviction stemmed from a December 2004 incident. The earliest King will get out is October 2027, and the latest is July 2038, prison records show.
Tipsters who have information on Greene's death can reach Crime Stoppers of Michigan at 800-SPEAK-UP.
Tamara Greene reward could be up to $252,500
Metro Times
Nov 15, 2018
There could be more than $250,000 available for a tipster with information that could solve the murder of Tamara Greene, a stripper who was killed in 2003with alleged ties to disgraced former Detroit Mayor Kwame Kilpatrick.
Earlier this month, a donor added $100,000 to the $2,500 in the Crime Stoppers of Michigan's reward fund, and later added another $50,000 — bringing the total to $152,500.
Metro Times initially reported that Greene family attorney Norman Yatooma had donated the $100,000 to the reward fund, based on a press conference held by Yatooma earlier this month in which he made the claim. However, Crime Stoppers of Michigan says it was not Yatooma who had donated to the fund but rather controversial Detroit businessman Robert Carmack. (Why Carmack would donate to the fund is unclear, although it could be an attempt to drum up some positive publicity as Carmack is embroiled in an ugly land dispute with the city.)
When asked about the discrepancy, a spokesman for Yatooma provided a balance to Metro Times showing an additional sum of $100,000 in a "Tamara Greene reward fund." When we showed that to Crime Stoppers, a spokeswoman said the organization cannot consider the donation as part of its official Tamara Greene fund because they have not been given the money yet. For it to count, Yatooma will have to cut a check to the organization and sign a contract, which Crime Stoppers says he has not yet done.
Giving Yatooma the benefit of the doubt, we emailed his spokesman to tell him that he has to actually give Crime Stoppers the money for it to be added to the fund. In a response, Yatooma says his $100,000 reward is separate and in addition to the one offered from Crime Stoppers.
"To be clear, our money is not for Crime Stoppers but rather for whomever provides information that leads to the prosecution of Tammy’s murderer," he writes. "The police agency that the tipster chooses is of no import to us. They can call Crime Stoppers, our office, or the DPD directly. If a person is charged with her murder, that tipster will receive $100k from our firm. The reward money has been deposited, you have been provided the account statement, and I have now publicly made that pledge. Our interest is simply in providing long overdue justice to three kids who lost their mother to the evil intent of another. It’s time for that person to finally pay for that fatal crime."
$252,500 ought to loosen some lips.
Greene, who was known as a dancer named "Strawberry" and a mother of three, was alleged to have attended a long-rumored but never proven party at the Mayor's Manoogian Mansion in 2002. On April 30, 2003, Greene was shot in a drive-by while dropping off her boyfriend Eric "Big E" Mitchell at his home near Roselawn and West Outer Drive in northwest Detroit. The drive-by vehicle was believed to be a white Chevy Trailblazer, according to police.
Tipsters with any information are asked to contact Crime Stoppers of Michigan at 1-800-773-2587.
Crimetown Podcast: The Murder Of Tamara Greene
Feb 2019
Popular podcast Crimetown focuses on Kwame Kilpatrick, Tamara Greene murder
WXYZ-TV Detroit
Feb 5, 2019
Evidence found in retired Detroit Police homicide detective's home during eviction
Feb 8, 2019
The Mayor (Kwame Kilpatrick / Tamara Greene)
Swindled
Feb 16, 2019
Unsolved slaying of stripper Tamara Greene gets national audience in podcast
Detroit Free Press
Feb 17, 2019
The fate of a slain stripper rumored to have danced at a never-proven party at the Manoogian Mansion in Detroit grabbed headlines for more than a decade, led to a lengthy legal battle and even became fodder for a play.
Now Tamara Greene’s controversial, unsolved case is getting national attention in the podcast “Crimetown.”
Episode 15 of Season 2 is devoted to the death of the 27-year-old mother who danced under the name Strawberry and was killed in a drive-by shooting in 2003. The episode was released Monday on Spotify.
Listen: 'The Murder of Tamara Greene' episode of the 'Crimetown' podcast on Spotify (registration required)
“What we tried to do with the episode was take the listener on the sort of journey a Detroiter might have gone on ... hearing about this case,” Crimetown senior producer Drew Nelles said.
Greene was fatally shot several months after rumors of the party at the mansion, where she supposedly danced. Greene’s family claimed in a lawsuit that then-Mayor Kwame Kilpatrick sabotaged the murder investigation to protect himself and his then-wife after Greene was attacked at the alleged party.
The party has never been proven and no one has ever been charged in Greene's killing.
“It’s a challenging story to tell because there are just so many competing narratives around it,” Nelles said.
The podcast features interviews with police who investigated the case and offered conflicting theories; a retired Detroit EMS lieutenant; Greene's pastor, the Rev. Ken Hampton; an ex-boyfriend of Greene's, and attorney Norman Yatooma. Yatooma unsuccessfully sued the city and Kilpatrick, alleging Greene’s murder investigation was sabotaged to prevent her killers from being found.
He pointed to missing evidence and deleted emails that were brought up in the lawsuit, which was eventually tossed by a federal judge who concluded there wasn’t evidence of a cover-up.
Kilpatrick has maintained he never interfered in the murder investigation and has long denied the party happened.
Listeners of "Crimetown" hear some of the unproven theories about what happened to Greene, including that cops may have been involved. A retired Detroit Police homicide detective shared that he believes Greene’s boyfriend, who was with her when she was killed, was the intended target.
“Tamara Greene, the bottom line, was in the wrong place at the wrong time, that’s all this comes down to,” said Mike Carlisle, the retired cop who worked on the case. “If the mayor was involved, I’d gladly have put a pair of handcuffs on that man for what he did to the city of Detroit, but he wasn’t.”
But retired Detroit Fire EMS Lt. Michael Kearns described responding to a call at a gas station where a woman, who said her name was Tammy Greene, told him she was dancing at a party at the Manoogian and got hit by the mayor’s then-wife.
“She had been crying.” Kearns said of his encounter with the woman. Kearns' account has been reported before, including in the Free Press.
Season 2 of the podcast focuses on Detroit and includes stories about corruption in the city. The series also includes interviews with Free Press staff writer Jim Schaefer and his reporting partner back then, M.L. Elrick, who broke the stories that led to Kilpatrick's downfall.
Half of the 20 episodes are devoted to the saga surrounding Kilpatrick, who is serving 28 years in prison for corruption.
“It’s impossible to do that story without going into the Tamara Greene case at least a little,” Nelles said. “Obviously, it’s a very complicated story with a lot of competing opinions, and there was just absolutely no way to do the story justice without devoting at least an entire episode to it.”
Looking back at some of Michigan's biggest unsolved cases
Click On Detroit
March 20, 2019
DETROIT – Local 4 is dedicating a day to bringing awareness to unsolved cases around Michigan.
Unsolved Michigan Day will bring you stories of unsolved cases, including criminal cases, murders and missing persons.
See how profiling cold cases that are solved leads to reports of new unsolved cases for detectives.
The Oakland County child killer is the center of Season 3 of Shattered. See why detectives feel strongly this case can still be solved.
What happened to Andrew, Alexander and Tanner Skelton? Their father is in prison on kidnapping charges but the three boys have not been seen since Thanksgiving 2010.
Phone Bank: The Michigan State Police Missing Persons Unit will be taking tips on unsolved missing persons cases and reports on new cases from 4 p.m. until 6:30 p.m. CALL: (313) 298-WDIV
Some of these cases have remained unsolved for decades. Here are some of the cases we're highlighting:
Detroit woman Tamara Greene's murder unsolved after more than 15 years
The murder of an exotic dancer in Detroit back in 2003 remains unsolved.
Family members said Tamara Greene was pulling her car up to a curb at Roselawn Street and West Outer Drive to drop off her boyfriend when an unidentified man in a white Chevrolet Blazer pulled around the corner and began shooting at the car.
Detroit woman Tamara Greene's murder unsolved after more than 15 years
Tamara Greene killed in drive-by shooting
Click On Detroit
March 20, 2019
DETROIT – The murder of an exotic dancer in Detroit back in 2003 remains unsolved.
Tamara Greene, 27, was a mother of three who went by the stage name "Strawberry."
Family members said Greene was pulling her car up to a curb at Roselawn Street and West Outer Drive to drop off her boyfriend when an unidentified man in a white Chevrolet Blazer pulled around the corner and began shooting at the car.
Tamara Greene was a stripper rumored to have danced at the never-proven party at the Manoogian Mansion when Kwame Kilpatrick was mayor.
Her killer was never found.
New push to find her killer
Attorney Norman Yatooma announced he is offering $100,000 for information that leads to an arrest. The reward appears to have doubled, as Crime Stoppers said $100,000 was added by an anonymous donor.
Yatooma, on behalf of Greene’s children, sued the city of Detroit, claiming it quashed the investigation into her death at every turn.
The suit was eventually dismissed after the judge said they lacked evidence.
“Every single tipster we talked to, every person who called in anonymously, every single person that disguised their number, their voice, every single person was afraid,” Yatooma said.
Yatooma said he believes enough time has passed and someone might come forward due to the reward.
Group protests Highland Park's hiring of police official
Detroit News
May 2, 2019
Highland Park - A handful of protesters gathered Thursday in front of the city's municipal building to denounce the hiring of a police official who was accused, but not convicted, of perjury in connection with the Davontae Sanford murder case.
James Tolbert, a longtime commander in the Detroit police department before serving as Flint's police chief from 2013-16, was hired in January as a Highland Park deputy chief.
Sanford was 14 years old in 2007 when he was arrested for a quadruple homicide in a drug house on Detroit's east side. He was released from prison in June 2016, after serving nearly nine years for the murders he claims he didn't commit.
Wayne County Prosecutor Kym Worthy said the decision to drop the charges was made because Tolbert had lied during court testimony about who had drawn a map of the crime scene. State detectives submitted a warrant request seeking perjury charges against Tolbert, but Worthy later declined to prosecute him after the statute of limitations ran out.
On Thursday, 10 members of a group called Moratorium Now! protested outside Highland Park's municipal building on Woodward, chanting, "Hey, hey, ho, ho, James Tolbert has got to go," and "no justice, no peace, no lying, corrupt police."
"James Tolbert has no business wearing the uniform," Farmington Hills resident Debra Simmons said. "He framed a 14-year-old kid; he should not be a police officer."
During the protest, Highland Park mayor Hubert Yopp exited the municipal building and defended hiring Tolbert.
"I vet every employee I hire," Yopp said. "There's been no conviction of Mr. Tolbert. In our country, you have to go before a jury of your peers, and there has to be a conviction."
Yopp gestured toward the protesters. "Them? They're not the law," he said. "They're not the jury. Why should I listen to street justice? I've been in law enforcement almost all my life and I try to be fair. Show me proof (Tolbert committed a crime); otherwise, if it's not a legal, court-accepted truth, I don't want to hear it."
Protester Abayomi Azikiwe of Detroit said his issues with Highland Park police go beyond Tolbert.
"I'm concerned about the character of this police department in Highland Park, not just with James Tolbert, but with other incidents," he said. "For instance, there was a rape recently which wasn't properly investigated."
Simmons said she also protested when Highland Park hired William Melendez, a former Detroit and Inkster police officer who was known as "Robocop." While on Inkster's police force, Melendez in 2016 was sentenced to 13 months in prison for the beating of motorist Floyd Dent.
"Highland Park needs to do a better job about who they let wear the uniform," Simmons said. She added that Tolbert has a history of problems. "It's not just the Davontae case," she said. "He impeded the investigation into the (Tamara Greene) case."
Tolbert was accused in a Wayne Circuit Court lawsuit of interfering with the investigation into Greene's April 2003 drive-by murder. Greene, an exotic dancer, is rumored to have attended a reported party thrown by former mayor Kwame Kilpatrick at the Manoogian Mansion.
It was never proven any such party took place, and the lawsuit, which was put on hold during Detroit's bankruptcy, was dismissed in 2015, according to court records.
Sanford has filed a federal lawsuit against Tolbert and the city of Detroit. The trial was scheduled to start April 23 in U.S. District Court, but was postponed to allow attorneys more time to gather discovery.
Last year, Sanford pleaded guilty and was sentenced to probation in Arizona after firing a gun into the desert.
Sanford was freed from prison following a Michigan State Police report that alleged Tolbert had lied on the witness stand about the crime scene sketch.
Tolbert testified during a July 13, 2010, court hearing that Sanford had drawn a sketch of the homicide scene, a house on Runyon Street on Detroit's east side - but he contradicted his testimony during a September 2015 interview with state police, when Tolbert said he drew the layout of the Runyon house.
"Who drew the house here?" an unidentified investigator is heard asking Tolbert, according to a recording of the interview.
At a June 2016 press conference announcing Sanford's release from prison, Worthy said that statement was enough to cause her to drop the case against him.
"Our building block of our case was now in question," Worthy said.
During the state police investigation into the Runyon killings, which was initiated at Worthy's request to give the case a second look, Tolbert volunteered the information that led detectives to seek perjury charges against him, according to the state police report.
"Tolbert was asked about the sketch that Davontae Sanford had drawn," state Detective Sgt. Patrick Roti wrote of an Oct. 2, 2015, interview with Tolbert, who was Flint police chief at the time. "Tolbert indicated he knew what we were talking about and voluntarily asked for a piece of paper to draw the sketch."
After Tolbert drew the diagram, Roti said it and the sketch attributed to Sanford "closely resembled each other."
"We asked Tolbert if he was the one who had actually drawn the 'original sketch.' Tolbert then acknowledge(d) to have drawn this 'original sketch' and Sanford only marked the location of the bodies within this sketch."
Roti said he was about to wrap up the interview when "Tolbert ... grabbed the sketch he had drawn for us and crumpled the paper up and attempted to leave with it.
"Investigators had to ask Tolbert for the sketch he crumpled up, to which he asked why," Roti wrote. "It was then explained this would be part of our case and put into evidence."
According to Sanford and the state police report, Sanford said Tolbert pressured him into helping with the crime scene sketch.
"Tolbert came in with a piece of paper, and was like 'Show me where the bodies was at,'" Sanford told The Detroit News shortly after his release from prison. "I'm like, 'I don't know where the bodies was at.' That's when he drew the whole diameter of the house. He was like, 'If you show me where the bodies was at, I'll make sure you go home.'
"They had already showed me the pictures before (of the bodies), so I'm thinking like, 'I know from these pictures where they were at, so maybe if I do this, I'll go home. I just want to go home at this time,'" Sanford said. ""So I did it, so once I did that and I signed it, he was like, 'I told y'all. I told y'all.' "
On Thursday, protester Molly Leebove said: "What other job could you have where you could do this nonsense and still get hired? A 14-year-old spent nine years in prison because of Tolbert's misconduct."
In 2016, Worthy said she couldn't move forward with prosecuting Tolbert because Sanford would not testify against him.
"The obvious question is why this office could move to dismiss a case where four people were killed based on James Tolbert's interview with Michigan State Police, but not charge him with perjury?" Worthy said in a July 2016 news release. "As I have stated, the building blocks of our case were severely undermined by this interview and we requested that the case be dismissed.
"In order to proceed with perjury charges, we must prove beyond a reasonable doubt that Tolbert's testimony on July 13, 2010, was false," Worthy said. "There were only three witnesses to the drawing of the sketch in question. Two of them, Davontae Sanford and James T½olbert, are unavailable to us. The third person is Sgt. Michael Russell, and his testimony does not support a perjury charge.
"The bottom line is that there is an important legal distinction between acting on evidence that undermines a conviction, and proving beyond a reasonable doubt that someone has committed perjury," Worthy said in the release.
Sanford and his attorneys told The News he would have testified if the case had been formally dropped, although Wayne Circuit Judge Brian Sullivan waited more than a month to dismiss the charges because he said he needed more time to study the case.
Judge: Cops told 'crucial lies' to build case against teen
Associated Press State Wire: Michigan (MI)
May 14, 2019
DETROIT (AP) — A young man who spent eight years in prison has cleared a key hurdle in a lawsuit against Detroit police who are accused of creating evidence against him in the murders of four people.
A judge last week declined to dismiss a lawsuit filed by Davontae Sanford. He was released from prison when a prosecutor said police drew a diagram of the crime scene in 2007, not Sanford, who was 14 years old at the time.
Separately, a hit man said he committed the murders, not the teen.
Sanford, who's now 26, says his constitutional rights were violated. Federal Judge David Lawson says police told "crucial lies" to build a case against Sanford.
Lawson's decision means the lawsuit against police will go to trial or be settled. One of the officers, James Tolbert, now is deputy chief in Highland Park.
Cop reassigned in Sanford fallout - Detective off homicide squad, duties limited amid probe of teen's investigation
Detroit News
May 16, 2019
Detroit – Police officials Wednesday reassigned a homicide detective and placed him on restricted duty after launching an internal affairs investigation into how he handled the Davontae Sanford case nearly 12 years ago.
Lt. Michael Russell, who interrogated the 14-year-old Sanford after a September 2007 quadruple homicide, was moved out of the Homicide Section and stripped of his gun and arrest powers pending the investigation's outcome, Detroit police Chief James Craig said.
Craig said he came to the decision after reading a Detroit News article about comments made last week by the federal judge presiding over Sanford's civil lawsuit. In the suit, Sanford claims he was wrongfully convicted of the four murders, and accuses Russell and former Detroit police Cmdr. James Tolbert of violating his civil rights.
U.S. District Judge David Lawson said Friday that Russell and Tolbert based the murder case against Sanford on "lies that were told over and over" by the two cops.
Craig called the judge's accusation "troubling."
"These allegations are serious enough that we had to take action," Craig said. "We can't have someone working on homicide cases and doing police work with this kind of serious accusation hanging over his head. So he'll still be working, but he won't be doing any police work until we finish this investigation."
Mark Young, president of the Lieutenants and Sergeants Association Union, said: "I don't know enough about the case to make a statement at this time."
City officials declined to comment about the judge's assertions. Attempts to contact Russell were unsuccessful. Tolbert left the Detroit Police Department in 2013, became Flint's police chief and now works as a deputy chief in Highland Park.
Wolfgang Mueller, a Farmington Hills attorney who represents several wrongfully convicted ex-prisoners, said he welcomed the internal affairs investigation into Russell.
"Cops who lie to grease the skids for a conviction are a disgrace to the badge," Mueller said.
Sanford confessed to the quadruple homicide and later pleaded guilty to second-degree murder. But he insists Russell and Tolbert tricked him into confessing and that he was coerced into the guilty plea by his attorney Robert Slameka, who has since been disbarred for multiple ethics violations.
Two weeks after Sanford was sentenced to 37-90 years in prison, hit man Vincent Smothers was arrested and confessed to 12 murders-for-hire – including the killings for which Sanford had been convicted.
Unlike Sanford, whose confession did not match the evidence at the crime scene, Smothers provided accurate details about the killings. The hit man, who said he was paid by drug dealers to eliminate their rivals, insisted he would have never hired a 14-year-old to help with a job.
In June 2016, after Sanford had served nearly nine years of his sentence, Wayne County Prosecutor Kym Worthy dropped the charges and he was released.
Worthy said the conviction was tainted after a Michigan State Police investigation she'd asked for revealed Tolbert had committed perjury when he testified Sanford had drawn a map of the Runyon crime scene. Tolbert later admitted to state detectives he'd drawn the diagram. The statute of limitations expired before Tolbert was charged with perjury.
Sanford said he came in contact with Russell the night of Sept. 17, 2007, after drug dealer "Big Mike" Robinson and three of his friends were gunned down as they watched "Monday Night Football" inside Robinson's home at 19741 Runyon, a block from Sanford's house on Detroit's east side.
Sanford claims he saw television news trucks at the crime scene and went to see what was happening. That's when he encountered Russell and another officer.
"Russell asked Sanford who he was, where he lived, and if he had 'seen anything,'" Lawson said in his ruling last week. "(Sanford) responded that he had not."
Russell took Sanford into custody and questioned him. The interview was not videotaped, although a written report shows Sanford confessed to the killings, but provided erroneous information.
During a second interview the next day, video shows Russell reading facts about the crime to Sanford, who answers "yes" to each statement.
Based on Sanford's second interview, and a sketch of the crime scene which Russell and Tolbert each testified had been drawn by Sanford, the teen was charged with first-degree murder.
"Russell testified during both the preliminary examination and the criminal trial that, during the evening interview on September 18th, Sanford drew a diagram of the murder scene, which was entered into evidence as part of his confession statement," Lawton said in his ruling.
"However, Russell insisted that Sanford drew the sketch entirely on his own. Russell also testified that he never showed Sanford any photographs of the crime scene," the judge said.
"It is difficult to square that record with counsel's assertion (in an earlier motion) that Russell's false statements were not entered into evidence at the preliminary examination hearing," Lawson said.
"These particular falsehoods – that Sanford drew the diagram himself, from his own knowledge of the scene, and that Sanford was not shown any photos of the crime scene depicting the bodies – are at the very heart of this case," the judge said.
"These are the two central, crucial lies that were told over and over by Russell and Tolbert before, during and after the trial," Lawson said. "The first proposition is demonstrably and indisputably false: Tolbert now candidly admits that he drew the layout of the sketch and Sanford only drew the bodies on the sketch Tolbert created. Russell admits he was present when that was done.
"Both claim that they were 'mistaken' in their recall of how the sketch was made," Lawson said. "Tolbert's testimony (that the sketch was crucial to the case) makes it seem unlikely in the extreme that either of them actually 'forgot' how this 'critical' piece of evidence came into existence.
"But either way, the assertion (in the city's motion) that Russell's falsehoods were not made part of the record at the preliminary examination is plainly contradicted by the record of that proceeding," Lawson said.
"Certainly there is a question of fact about whether Russell showed Sanford the crime scene photos – Sanford says he did, Russell says he did not," the judge said. "But Russell's statement that he never showed the photos indisputably was entered into evidence and was a crucial piece of testimony at the preliminary examination hearing.
"Regardless of the ultimate truth or falsity of the statement, the assertion that Russell's lies don't matter because they never were presented at the probable cause hearing brazenly misrepresents the record," Lawson said.
After Smothers was arrested, Russell escorted him to the bathroom after another detective had interrogated the hit man.
"While Smothers was using the bathroom, Russell said to him, 'heard you said that you did Runyon' – referring to the Runyon Street murders," Lawson said. "Smothers responded, 'Yes, I did say that,' to which Russell replied that it was 'impossible,' because 'We got the kid that did that.' Smothers then said, 'Impossible? Why do you say that? Because I did it.'
"Smothers then walked past Russell and returned to the interrogation room, and he never spoke with Russell again about the Runyon Street murders," the judge said. "Smothers testified that, unlike the other murders to which he had confessed, he never was further interrogated about the Runyon Street killings."
Although prosecutors charged Smothers with the other eight murders he'd confessed to, "the four Runyon Street killings are the only ones for which he was never charged," Lawson said.
Lawson said Tolbert "acknowledged that the failure fully to investigate Smothers's admitted involvement in the Runyon Street murders was an 'extraordinary investigative lapse.' Tolbert also testified that Russell was aware of Smothers's confession, and he admitted that, as the investigator in the Runyon Street case, Russell had an obligation fully to explore Smothers's involvement.
"Tolbert said that if there was an investigation of Smothers's involvement, it would have been documented in the homicide investigation file, and he conceded that he could not explain 'why there's not a single document in the Runyon homicide file relating to an investigation into Smothers,'" Lawson said. "Russell admitted that when he was informed of Smothers's involvement in April 2008, he 'did [not] do anything' to follow up on the information or investigate it further."
Craig said he was surprised to read about the judge's remarks.
"I had heard some of the allegations (in the Sanford case), but it all happened before I got here, so I didn't know all the details," Craig said. "When a federal judge comes out and says one of my detectives lied about evidence, that has to be investigated, and that detective has to be taken out of Homicide."
Sanford's lawsuit is to resume June 14 with a pretrial conference, during which Lawson is scheduled to rule on more than 30 motions.
Tamara Greene Press Conference
Crime Stoppers
Jun 19, 2019
Rubin: The fleshed-out story of Strawberry Greene
The Detroit News
Oct 12, 2019
The most sympathetic character in “Strawberry — What Party?” is a dead stripper.
That’s part of the point. No one will walk into the theater eager to waste emotion on Kwame Kilpatrick, unless you count a bit of loathing and a renewed regret for all that wasted talent.
But 131/2 years after she died and well after she stopped showing up in headlines, she has mostly become a name and a mystery — and now, a role to be won.
Maybe there was a bachelor party at Manoogian Mansion, back when Kilpatrick lived there and not a federal prison in Oklahoma. Maybe Tamara (Strawberry) Greene danced at the bacchanal, and maybe the mayor’s wife attacked her with a bat or a table leg.
If you’re willing to stretch credulity, maybe all of that had something to do with the bullets that raked her Buick Skylark in a drive-by that remains unsolved.
Playwright Carol Teegardin is unconvinced. This, however, she believes: Tammy Greene deserves better.
Better than what she had in life, which was precious little besides three children. Better than to be remembered only for her occupation and her strawberry tattoos.
She danced in “a club full of creeps,” Teegardin said, and had a series of unfortunate boyfriends. But after getting to know Greene’s family, part of the research for a book that became the basis for the play, she said Greene also had dreams and drive and a desire to be something different.
Now two very strong actresses are vying to play her. The first round of auditions was Tuesday at Henry Ford College in Dearborn, with callbacks scheduled for Thursday night.
Alenna Mae was more bold and Joselyn Hill was more vulnerable, and director Mary Bremer-Beer will have a difficult decision to make.
The show itself is supposed to open Jan. 20 at the Marlene Boll Theatre in the downtown Detroit YMCA — go to BrownPaperTickets.com or call (800) 838-3006 — and yes, Kilpatrick will also loom large.
Or at least he will if Bremer-Beer can find the right actor.
Finding the right fit
Teegardin and Beer tried to stage the play a year ago, but the cast wasn’t quite right and the theater they had in mind wasn’t quite in Teegardin’s price range.
A former journalist, teacher and actress and current mostly-retired substitute, she’s bankrolling the production and hoping ticket sales for a six-night run will recoup her $12,000. At one point Tuesday, she walked through the lobby of the college theater holding copies of “Strawberry” over her head and calling out, “Ten bucks. Anybody?”
Inside, Bremer-Beer was explaining that she wanted realism, honesty and affection, even for the racketeering mayor who’s doing 28 years.
“He was in love,” Bremer-Beer was saying. “He loved both these women,” meaning his wife and chief of staff Christine Beatty. “And he loved Detroit.”
“You’re going to have to love your character,” she said. “You have to love yourself.”
Someone will have to find the vulnerability in a big, brash, charismatic and conniving politician. But that’s part of acting.
Acting the part “I guess they’re all bad guys,” said Claude Lyons, 52, of Detroit.
Indeed they were. There was Bobby Ferguson, the mayor’s partner in crime, and the enabling bodyguards, and Greene’s thieving boyfriend who ultimately went to prison himself, and the mayor’s dad who served 15 months for tax evasion.
And there was Lyons with his friend, Ed Gaines, 61, a retired police officer he met doing church theater, auditioning to play someone who was almost certain to be unsavory.
“I’m from the east side,” said Lyons, a public works supervisor. “I’m used to grime.”
Acting, he explained, “allows you to get outside yourself and express emotions you can’t express as yourself.”
Then he paused, and he and Gaines offered modest grins: “... Because we’re law-abiding citizens.”
Reggie Cashaw of Mount Clemens was one of two candidates to play Kilpatrick, the least law-abiding figure in the drama.
He pledged Alpha Phi Alpha in college like Kilpatrick, and he was an offensive lineman in high school like Kilpatrick, but he didn’t radiate authority the way the mayor did.
Roosevelt Johnson of Detroit has a commanding voice and a long resume, but he’s 58 and less physically imposing than Cashaw.
Heading into callbacks, no decision had been made.
The jury was still out.
Federal Bureau of Prisons denies former Detroit Mayor Kwame Kilpatrick’s early release
Kilpatrick’s request for home confinement denied
Click On Detroit
May 26, 2020
DETROIT – Former Detroit Mayor Kwame Kilpatrick will not be released early because of the coronavirus (COVID-19) pandemic, the Federal Bureau of Prisons announced.
The bureau reviewed Kilpatrick’s request for home confinement on Tuesday, and it was denied, officials said.
Kilpatrick will remain incarcerated at the Federal Correctional Institution-I in Oakdale, Louisiana, according to authorities.
Local 4 spoke with some of Kilpatrick’s supporters, and they were shocked by the news. Last week, his family told their inner circle that they had been assured he would be released.
This decision is in response to Kilpatrick’s request for an early release because of COVID-19. A consortium of politicians, pastors and business leaders appealed to President Donald Trump in February to commute Kilpatrick’s sentence. So far, no word has come from the White House.
U.S. Attorney Matthew Schneider had no comment about the decision at this time.
Family pushed for early release
Last week, family members said Kilpatrick had been put in a 21-day quarantine at the Oakdale Federal Detention Center. They said they believed he would be released June 10.
Those in Kilpatrick’s inner circle believed he would get out to begin home confinement, likely at his sister’s home in Atlanta.
Federal prisoners, including Paul Manafort, have been getting out on home confinement as a result of the COVID-19 pandemic.
In emails exchanged since the beginning of April, Kilpatrick’s inner circle has been lobbying the Department of Justice to release him, citing his asthma and pre-diabetes.
In addition, his family claimed he’d been exposed to an inmate who died of COVID-19.
On Friday morning, an email was sent from the Ebony Foundation congratulating Kilpatrick on his early release. The email was problematic because it didn’t cite a source or information about why they believe that to be true.
Despite his family’s claims, the official word from the Department of Justice remained that Kilpatrick was still incarcerated.
His appellate lawyer maintained he had heard nothing but that it would not have been out of the ordinary for Kilpatrick to get an early release.
Mayor Mike Duggan, other Detroiters react to news of possible Kwame Kilpatrick release
Click On Detroit
May 27, 2020
DETROIT – There are reports that former Detroit Mayor Kwame Kilpatrick will soon be granted “compassionate release” from federal prison in Louisiana due to the coronavirus (COVID-19) pandemic.
That particular prison has been hit hard by coronavirus and sources confirm to Local 4 that Kilpatrick is currently in quarantine there.
The Federal Bureau of Prisons will only confirm Kilpatrick remains in custody but will not reveal information about a possible release. His family said they’ve gotten official word and many Detroit power players, and those tied to the case, are speaking out.
There are some people who believe he deserves a second chance and others who want to see him remain locked up.
Detroit Mayor Mike Duggan reacted to the news on Friday.
“I think he’s one of the most extraordinarily talented people I’ve ever met. I think he has a lot to contribute and if, in fact, the reports are true. I’ll be doing everything I can to help him get a fresh start,” Duggan said.
Norman Yatooma, who represented the family of Tamara Greene -- who some believe was at the long rumored never-proven Manoogian Mansion party.
“I think it’s terrible,” Yatooma said. “Kwame Kilpatrick devastated the City of Detroit. Devastated countless people, countless families, countless businesse -- he committed an awful lot of crimes. He ought to do the time.”
Karen Dumas, a Detroit City Hal insider worked as a spokesperson for former Mayor Dave Bing.
“I think that if in fact -- that -- whoever sees it justified for him to be released early then so be it,” Dumas said. “I don’t think that’s a bad thing. Let him out.”
Angela Stanton King is a Kilpatrick supporter whose been fighting for his release.
“I believe that Kwame has a chance to come home and right all of his wrongs. I believe that redemption is for everyone and 10 years is long enough to be separated from your family,” Stanton King said.
Keith Corbett is a legal expert who followed the case closely.
“I think it’s a very poor choice. He does not strike me as the kind of person who deserves a break given the totality of circumstances related to his conviction,” Corbett said.
Those close to KIlpatrick said they believe he could be released in early June.
Cops lose appeal over immunity in lawsuit
Associated Press State Wire: Michigan (MI)
May 28, 2020
DETROIT (AP) — Police officers don't have immunity in a lawsuit related to misconduct in a murder investigation involving a 14-year-old Detroit boy, a federal appeals court said Thursday.
The court ruled in favor of Davontae Sanford and said the case can move forward against Michael Russell and James Tolbert.
Sanford was 14 in 2007 when he was charged with four killings in his Detroit neighborhood. He pleaded guilty at age 15, although he later insisted he was innocent and only made a deal because he felt desperate and poorly represented by his lawyer.
Sanford was released from prison in 2016 after prosecutors said the case was spoiled by police misconduct. Tolbert told investigators that Sanford hadn't made a crime scene sketch as police had reported years earlier.
“A jury could find that Russell and Tolbert fabricated critical evidence, which they passed off to prosecutors as authentic, which in turn caused Sanford to be imprisoned for nine years,” the appeals court said. “Russell and Tolbert cannot seriously contend that a reasonable police officer would not know that these actions would violate Sanford’s constitutional rights.”
A professional hit man said he — not Sanford — committed the Runyon Street killings. But the Wayne County prosecutor's office hasn't charged Vincent Smothers, who is in prison for other murders.
Worthy releases list of 51 untruthful police officers
George Hunter
The Detroit News
Dec 08, 2020
Detroit — Former Flint police chief and Detroit police official James Tolbert is among the 51 cops or ex-cops on a list released Monday of officers who have been found to be untruthful.
Prosecutor Kym Worthy in July said she planned quarterly public releases of the "Giglio list" of officers who have been found to be untruthful, either in court or after internal investigations.
Police officers who have been found guilty of lying are called "Giglio-impaired" after Giglio v. United States, a case in which the U.S. Supreme Court granted a man a new trial because prosecutors didn't inform the defense about a deal they'd negotiated with a witness not to prosecute him in exchange for his testimony.
Monday's list was issued a few weeks later than its scheduled release at the end of the third fiscal quarter.
Worthy said in a statement Monday: "Because trials are scheduled to resume in January, we thought it was important to send this out to our prosecutors and defense attorneys.
"In advance of this release WCPO has notified all police agencies who have a current or former officer on the list," Worthy said. "We are continuing to take the additional step of releasing the list to the public because in an era of criminal justice reform, it just makes sense. We plan to review, update and release this list on a quarterly basis."
All of the 51 officers on the list have been separated from the agencies they worked for when they were deemed untruthful. Most of the officers on the list came from the Detroit Police Department, although Inkster, Highland Park, Lincoln Park and Harper Woods also are represented.
It's unclear if any of the officers on the list are still employed as cops. Thirteen of the ex-officers on the list are in prison.
Tolbert is the most prominent name on the list. He was a longtime Detroit police official who ascended to the rank of deputy chief before becoming Flint's police chief in 2013. He was fired in February 2016, a few months before Worthy publicly accused him of committing perjury.
Worthy said Tolbert had lied to Michigan State Police investigators about who drew a map of a crime scene involving a 2007 quadruple homicide in a Detroit drug house. The interview came during an MSP investigation into the case of Davontae Sanford, who was 14 at the time of the crime, and 15 when he was sentenced to prison for second-degree murder.
Although police obtained a confession, and Sanford pleaded guilty, his attorneys contend he was tricked into admitting to the murders. Sanford's advocates also say officials tried to cover up the fact that two weeks after he was sent to prison, hit man Vincent Smothers admitted to the crime, providing accurate crime scene details that included where one of the murder weapons was stashed.
After he was fired as Flint's police chief, Tolbert was appointed a deputy chief in Highland Park. After multiple protests, Tolbert resigned last year.
Tolbert, who also was accused in lawsuits of trying to quash the Detroit police investigation into the April 2003 murder of exotic dancer Tamara "Strawberry" Greene, declined to comment when reached by telephone Monday.
Tolbert's co-defendant in Sanford's ongoing federal lawsuit, former DPD Homicide investigator Michael Russell, also is on the list, which said he gave a "false statement." Russell retired from the department.
"I don't have anything to talk about," Russell texted Monday in response to a phone call seeking comment.
Also on Monday's Giglio list is William "Robocop" Melendez, a former Detroit, Highland Park and Inkster police officer. While on Inkster's police force in 2016, Melendez was sentenced to 13 months in prison for the beating of motorist Floyd Dent.
Melendez served 10 months in prison before his January 2017 release.
Former Detroit narcotics officers David Hansberry, Bryan Watson and Arthur Leavells, who are serving out federal prison sentences after their 2017 extortion convictions, also are on Monday's Giglio list. An ongoing DPD internal investigation into alleged widespread corruption in the narcotics unit sprang from the extortion case.
Nearly 8 years ago: Kwame Kilpatrick is convicted on 24 federal felony counts
A look back at the former Detroit mayor’s trial, conviction, appeals
Click On Detroit
January 20, 2021
DETROIT – On March 11, 2013, former Detroit mayor Kwame Kilpatrick was convicted on 24 federal felony counts, including mail fraud, wire fraud, and racketeering.
The jury had deliberated for 14 full days in the corruption trial and announced their verdict that Monday morning. The verdict had been reached the Friday before, but the jury decided to go home and sleep on it over the weekend to see if anyone would change his or her mind by Monday morning.
The jury reached a unanimous decision on 40 of 45 counts. Breaking with typical protocol, the verdict was not read by the jury foreperson. Instead, Judge Nancy Edmunds read the verdicts herself.
Kilpatrick faced 30 counts, but he was found guilty on only 24 counts. There was no consensus on three counts and he was found not guilty on three counts. His former associate, Bobby Ferguson, faced 11 counts and was found guilty on 9 counts, no consensus on one count and not guilty on one count.
Kwame’s father, Bernard Kilpatrick, faced four counts and was found guilty on the sole count of subscribing to a false tax return in 2005 -- Count 38. He was found not guilty on two counts: attempted extortion and a tax charge.
“Not at this time. I don’t have any comment,” Kwame Kilpatrick said to reporters while walking out of court that day.
Bond denied ahead of sentencing
Kwame Kilpatrick and Ferguson were denied bond and ordered to go to prison while they awaited their sentencing. The prosecution argued Ferguson and Kilpatrick were at risk of fleeing. Judge Edmunds agreed.
Edmunds cited two cases that are most closely on point. With respect to Kwame Kilpatrick, the government pointed to a history in state court and access to large amounts of cash and the likelihood of a substantial sentence.
She said Kilpatrick was previously convicted on two felony counts and he showed disregard and contempt to the citizens of Detroit. In response, he noted that he had no such failure to appear in court and has appeared consistently when required to, the judge said.
"It is not unusual for persons to point to pretrial release orders ... ," she said. "Kilpatrick has asserted over and over that he is innocent and will not go to prison. That can no longer be said."
With respect to Ferguson, Edmunds said he had a conviction on assault and that he appeared to have access to plenty of money, though he denied that still existed.
"He has a history of intimidation which is evident in the testimony of officer Fountain and other witnesses whom he wanted to give false testimony to grand jury," the judge said. "I order that Mr. Kilpatrick and Mr. Ferguson be remanded to the U.S. Marshals for detention."
Edmunds said Bernard Kilpatrick could remain out on bond.
Kwame Kilpatrick spent the months before his sentencing repeatedly asking to be let free from prison. He argued that he was not a flight risk or a danger to the community. Judge Edmunds repeatedly rejected the former mayor’s request for bond as he awaited sentencing.
In June 2013, Kilpatrick was still trying to get out of prison before his sentencing for the federal corruption convictions. He underwent knee surgery that, according to his filing with the U.S. Court of Appeals, had required 90-minute therapy sessions two times a week while he worked to rehabilitate the knee. Kilpatrick said the therapy sessions in prison were not working out.
Sentencing in October
On Thursday, Oct. 10, 2013, Kilpatrick was sentenced to 28 years in federal prison. You can read the courtroom notes from that day here. U.S. District Judge Nancy Edmunds ordered Kilpatrick to pay $100 for each count immediately -- a total of $2,400. She waived his fines due to his “lack of resources.” Kilpatrick was ordered on Dec. 17, 2013 to pay $4,584,423 in restitution. That number was later lowered to $1,520,653.50 but eventually set at $1,637,087. In 2018, Kilpatrick told the court that he didn’t believe that he should have to pay the restitution because it’s impossible to calculate the amount of money he took from taxpayers.
Right before he was sentenced, Kilpatrick said he was sorry, but denied stealing money from the city.
“I just want people to know that I am incredibly remorseful for the conditions of the city and any role, any part I played in it,” he said. “The government talked about stealing from the city. Wow ... I’ve never done that, your Honor.”
Edmunds recommended that Kilpatrick spend his prison sentence in Texas, where his family was living at the time.
Ferguson was sentenced to 21 years in prison the next day. Prosecutors had been seeking the same term for Ferguson. Judge Edmunds said the evidence showed that Kilpatrick often went to bat for his buddy and punished contractors who didn’t make room for Ferguson on excavation projects. Edmunds said despite the fact that Ferguson was not a public official, he was still a catalyst in the scheme and that he perpetuated an atmosphere of corruption that forced many people out of the city.
Ferguson was ordered to pay $6,284,000 in restitution.
Bernard Kilpatrick was later sentenced to 15 months in prison on a tax crime conviction. Edmunds also ordered Bernard Kilpatrick to pay $62,212 in restitution.
Kilpatrick left office in 2008
Before the federal corruption charges and trial ever started, Kwame Kilpatrick quit office in 2008 because of a different scandal involving sexually explicit text messages and an extramarital affair. He ended up pleading guilty to perjury.
Kilpatrick was forced out of office while the auto industry was nearing collapse and Detroit’s unstable finances were deteriorating even more. The city was then run by a state-appointed emergency manager, Kevyn Orr, who took Detroit into Chapter 9 bankruptcy as a last-ditch effort to fix billions of dollars of debt. The city emerged from bankruptcy in 2014.
“Kilpatrick is not the main culprit of the city’s historic bankruptcy, which is the result of larger social and economic forces at work for decades. But his corrupt administration exacerbated the crisis,” federal prosecutors said.
Defense attorneys called it a “cheap shot,” noting Kilpatrick had been out of office for five years before the corruption conviction.
“The government’s attempt to roll the city of Detroit’s 2013 bankruptcy filing into the ... case oversimplifies the complex problems that Detroit has faced for more than five decades,” defense attorneys Harold Gurewitz and Margaret Raben wrote.
They asked the court to give some credit to Kilpatrick for the 2006 Super Bowl and 2005 baseball All-Star Game in Detroit, as well as 75 new Downtown Detroit businesses.
Agents who pored over bank accounts and credit cards said Kilpatrick spent $840,000 beyond his salary during his time as mayor. His trial attorney, James Thomas, tried to portray the money as generous gifts from political supporters who opened their wallets for birthdays or holidays. In their sentencing memo, Kilpatrick's lawyers made a point that's commonly argued in cases of high-profile criminals: Our client already has suffered deeply.
Kilpatrick is “infamous, destitute and disgraced,” the attorneys said.
The appeals
Kilpatrick has been fighting his conviction and, more specifically his sentence, ever since. The 6th Circuit Court of Appeals denied his original appeal of his conviction and sentence in 2015. He filed another motion in 2017 to vacate his prison sentence, and that was denied by a district court judge.
In 2019, he was denied again by the 6th Circuit Court of Appeals. The court said he was looking for a certificate of appealability on his claims that the district court “gave an incorrect jury instruction, that his counsel had a conflict of interest, that he received ineffective assistance of counsel because counsel was a necessary witness, that his sentence was incorrectly calculated, and that the district court judge was biased.”
The court does not agree on any counts, and therefore denied this certificate for an appeal. Part of Kilpatrick’s argument that the district court judge was “biased” involved a wedding card. This is from the court filing released Friday:
“Kilpatrick argues that the district court judge should have recused herself because during a pretrial conference Kilpatrick’s attorney said, ‘Thank you for the lovely card for my wedding. My wife and I truly loved it,’ and the district court judge responded with, ‘You are welcome, Jim.’ Because merely sending a wedding card is not ‘of a specifically intimate degree to induce a reasonable person with knowledge of all the facts to conclude that [the judge’s] impartiality could be reasonably questioned,’ this claim does not deserve encouragement to proceed further."
Asking for pardon
In summer 2018, Kilpatrick wrote that he is praying for a pardon from the president of the United States in a blog post on the “Free Kwame Project” website. “I pray that I will receive the opportunity for pardon/clemency from the President of the United States as well,” Kilpatrick wrote.
At the time of his blog post, Kilpatrick had just been moved to a prison in Philadelphia. He wrote that he had been “punished severely."
"I have been chained like a wild animal, shackled around my ankles, waist and wrist.”
He said he was mentally, emotionally and spiritually ready to go home.
"My family has forgiven me," Kilpatrick wrote. "I have asked the people of the city of Detroit for forgiveness many times, and most Detroiters have forgiven me, as well."
He was eventually moved to a low security federal prison in New Jersey. As of this writing he is at Oakdale FCI, a low security federal prison in Louisiana. The 49-year-old inmate’s release date is set for Jan. 18, 2037.
In January 2020, billionaire Peter Karmanos, a long time friend of Kilpatrick, said he was working to get the ex-mayor a presidential pardon. Karmanos spoke on Charlie LeDuff’s podcast, implying that Kilpatrick was a victim of a political conspiracy and that he will use his influence with President Donald Trump to get him freed from prison.
In February 2020, Detroit State Rep. Sherry Gay-Dagnogo attended the national African American History celebration at the White House after discussions with President Trump’s team on the Kilpatrick issue. Gay-Dagnogo brought a letter signed by politicians and pastors across the state requesting commutation of sentence.
“None of us are arguing he’s innocent,” Gay-Dagnogo said. “If that was the case we’d be asking for a pardon, we’re not, we realize during his leadership he did some things that were wrong and impacted the city negatively and pretty much scarred us for a very long time. But we also realize this is an act of mercy and a second chance.”
This is the latest attempt to get President Trump to consider it. So far his administration hasn’t dismissed the idea outright.
“The margins are going to be incredibly tight, incredibly close. So if you think of it from this perspective, Trump got 8 percent of the African American vote last time. If he can move that to 9 percent, 10 percent, that is a huge gain in a state like Michigan,” political strategist Dennis Darnoi said.
Trump commutes Kilpatrick’s sentence on final night in White House
Before Trump left the White House on Jan. 20, 2021, he commuted Kilpatrick’s sentence.
Here’s the statement from the White House:
“President Trump commuted the sentence of the former Mayor of Detroit, Kwame Malik Kilpatrick. This commutation is strongly supported by prominent members of the Detroit community, Alveda King, Alice Johnson, Diamond and Silk, Pastor Paula White, Peter Karmanos, Rep. Sherry Gay-Dagnogo of the Michigan House of Representatives, Rep. Karen Whitsett of the Michigan House of Representatives, and more than 30 faith leaders. Mr. Kilpatrick has served approximately 7 years in prison for his role in a racketeering and bribery scheme while he held public office. During his incarceration, Mr. Kilpatrick has taught public speaking classes and has led Bible Study groups with his fellow inmates.”
Trump White House
A commutation simply reduces the sentence of a prisoner, whereas a pardon wipes away the crime.
Kwame Kilpatrick’s release brings back painful memories for former Detroit assistant chief
Click On Detroit
January 26, 2021
DETROIT – When Kwame Kilpatrick had his sentence commuted by former President Donald Trump bad memories started emerging for Steve Dolunt, a retired Detroit police assistant chief.
On Tuesday, Dolunt shared the painful period in his life and career during Kilpatrick’s tenure as Detroit mayor.
“They went through hell worrying about me and I didn’t realize it at the time how they were worried about me,” he said.
Dolunt got emotional talking about the incredible stress his family was under that started back in 2003 when his life and career were turned upside down.
Kilpatrick was the reason and when the disgraced mayor was freed in January of 2021, years of emotions were again ripped open for Dolunt’s wife.
“I called home and she was in tears. She was angry and upset. I said what’s the problem? She said, they put you through hell,” added Dolunt.
It started when Dolunt was transferred to the Detroit Police Internal Affairs Department.
He was handed three memos outlining troubling concerns that the officers on Kilpatrick’s security detail were involved in a party with strippers at the Manoogian Mansion.
There were allegations of overtime abuse and having crashed department vehicles fixed under the table. However, there was no mention of Kilpatrick.
“We were investigating the officers on staff. Not him. One thing led to another. Didn’t help that Strawberry (Tamara Greene) the dancer got killed. It kept ballooning and ballooning. Gary Brown, now in charge of the water department, he got screwed. He did. Bottom line,” said Dolunt.
Then deputy police chief, Gary Brown, was fired. Dolunt was then locked out of the investigation he launched.
“The ironic part is, I was internal affairs and I was being locked out of my files and doing my job granted, career wise, terrible. I got demoted, transferred. It was terrible. It really was bad,” he said.
The department transferred Dolunt 12 times in two years.
Jerry Oliver was the Detroit police chief at the time.
“Jerry Oliver said to me, an amoeba has more sense than to investigate the mayor. But I wasn’t investigating the mayor, it was his officers. It got to a level of the mayor’s office,” he said.
There was the murder of Greene. Kilpatrick’s text messages came to light. Then campaign cash scandals and rigged contracts were under investigation.
Dolunt wasn’t a part of any of those investigations. Instead he says his department relentlessly made life miserable for him, even sending him home to get a box to clean out his desk.
“I had to go home. My wife says, what are you doing here? You’re home for lunch? No. She could tell something was wrong. It is hard to tell your family you have been demoted, you didn’t do anything wrong that was really, really hard,” he said.
And the hardest part for Dolunt was he walked out of his office with that box in front of his fellow officers.
He could have ignored it and shoved everything under his desk. Dolunt says the right thing to do was to investigate it as the story got bigger.
“To me the kicker is, Kwame Kilpatrick is one of the most charismatic people I have ever met. He could have been the first Black president and I honestly believe that in my heart. He was that smart. He was that good. Unfortunately, he was also a criminal,” he said.
Mother of 3 Murdered – Did the MAYOR do it?
Brooke Makenna
Feb 28, 2021
Kwame Kilpatrick to preach at historic Detroit church
WXYZ-TV Detroit
June 08, 2021
Kwame Kilpatrick set to make public appearance Sunday at Detroit church
Click On Detroit
June 08, 2021
Ex-Detroit Mayor Kwame Kilpatrick preaches at Detroit church
WXYZ-TV Detroit
June 13, 2021
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