Judge: No extension for Cox deposition in Greene case
A federal judge denied a motion today to extend the deposition of Michigan Attorney General Mike Cox in a lawsuit brought by family members of slain stripper Tamara Greene.
Chief U.S. District Judge Gerald Rosen said about three hours of the allotted seven-hour deposition time was used on Dec. 11 and he won’t lengthen the time when Cox returns Monday for more questioning.
Birmingham Attorney Norman Yatooma, who represents Greene’s family, had asked for an extension beyond the remaining four hours.
“This court is unwilling to issue the order … which would be tantamount to a blank check allowing an indefinite extension of the presumptive 7-hour limit,” Rosen wrote.
Rosen said that Yatooma shares the blame for various delays during an 8-hour allotted time period on Dec. 11 when Cox was first deposed.
Yatooma, “devoted significant time to matters that were either irrelevant or outside the scope of the Attorney General’s personal knowledge, as well as to questions that had previously been asked and answered,” Rosen wrote.
Yatooma told reporters that the deposition got heated on Dec. 11 but did not elaborate.
Greene’s family claims in a lawsuit that Detroit officials conspired to thwart the investigation into Greene’s April 30, 2003, drive-by slaying, which remains unsolved. Greene was rumored to have danced at a never-proved party in fall 2002 at the Manoogian Mansion.
Michigan State Police Detective Sgt. Mark Krebs testified in an October deposition obtained by the Free Press that the investigation of the rumored party was thwarted by stonewalling from Detroit police, pressure from Cox’s office to finish the probe and reluctant witnesses.
Cox has consistently denied wrongdoing, sharply disputed Krebs’ characterization of his actions and noted that the party probe included interviews with 130 witnesses that yielded no evidence.
“The attorney general is not a party to this suit and, while his testimony may be relevant to some of the issues in this case, the court cannot say, at this juncture, that he is a critical witness who played any sort of central role in the alleged events that form the basis for plaintiffs’ claims,” Rosen wrote. “Moreover, the attorney general is a high-ranking government official with a number of important demands upon his time.”
The order states that Yatooma can file a motion for more time after the seven hours if he can identify pertinent reasons for a possible extension.
Yatooma said today that he will do his best to complete the deposition within the allotted time period.
“We had a basis for asking for an extension, and there are reasons for it but I’m not permitted to say what those reasons are,” Yatooma said.
John Sellek, a spokesman for Cox, said: “The Attorney General volunteered to stay late and finish this back in December, and is looking forward to returning on Monday to help the court.”
http://www.freep.com/article/20100121/NEWS01/100121046/1001/news
