Judge defends decisions in slain stripper case

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.

http://detnews.com/article/20100512/METRO/5120412

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