Greene family lawyer wins bid to quiz Carlita and Bernard Kilpatrick

Lawyers for the family of slain exotic dancer Tamara Greene can seek depositions from Carlita Kilpatrick, Bernard Kilpatrick and former Detroit Police Chief Jerry Oliver, a federal judge ruled today after a closed two-hour hearing.

However, Chief U.S. District Judge Gerald Rosen ruled that the lawyers, Norman Yatooma and Robert Zawideh, cannot depose Brooke Jordan, a former employee of Attorney General Mike Cox.

Carlita Kilpatrick is the wife of ex-Detroit Mayor Kwame Kilpatrick. Bernard Kilpatrick is his father.

Yatooma will now be permitted to travel to Texas to depose Carlita Kilpatrick.

“This is a necessary step to be able to resolve this mystery,” Yatooma said afterward. “It’s untenable to think that you conduct this case without talking to Carlita Kilpatrick ­– she is the one to said to have been at the party and beaten Tammy Greene.”

Rosen also denied a request from attorney James Thomas to withdraw as Kwame Kilpatrick’s lawyer in the civil case.

He also denied a motion to disqualify assistant city of Detroit attorney John Schapka after Yatooma filed a police report stating Schapka threatened him. Schapka has denied the allegations.

Rosen did not allow the media to attend the hearing because he said he is trying to preserve the integrity of the homicide investigation into Greene’s unsolved 2003 death. The judge also said he is concerned about violating privacy rights of people whose names are mentioned in the lawsuit but are not parties to the cases.

Before today’s hearing, Free Press lawyer Herschel Fink sent a letter to Rosen raising concerns about the fact that the judge has sealed records and conducted closed-door proceedings. Rosen responded in court that he would treat the letter as a motion and would take it under consideration.

Greene’s family alleges in a federal lawsuit that Detroit police and city officials thwarted the investigation into her unsolved April 2003 slaying so her killers wouldn’t be held accountable. Kilpatrick, police officials and lawyers for the mayor and city deny that they interfered.

According to a never-proven rumor — which had been probed by Detroit and State Police — Greene, who went by the stage name Strawberry, danced at the mayoral Manoogian Mansion for Kilpatrick and others in fall 2002. The rumor has it that the mayor’s wife, Carlita Kilpatrick, walked in on the party and assaulted Greene.

While Yatooma can depose Carlita Kilpatrick, he cannot take a deposition from Brooke Jordan, a lawyer who worked for Cox. It’s unclear why Yatooma wants to depose Jordan.

Last week, Thomas filed a motion to withdraw from the case and Kilpatrick’s spokesman acknowledged that Thomas was owed more than $20,000 for his work in the civil case.

But Thomas told reporters: “It’s never been about the money.”

He said he has a two-month trial starting in April involving federal charges against the Highwaymen motorcycle club and he won’t be able to devote the proper attention to the civil case involving Kilpatrick.

http://www.freep.com/article/20100323/NEWS01/100323021/Greene-family-lawyer-bids-to-quiz-Carlita-Kilpatrick

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