Open the hearing, Cox says- He wanted Greene deposition public

If Michigan Attorney General Mike Cox had his way, the public would be invited to watch his deposition in the Tamara Greene lawsuit.

Chief U.S. District Judge Gerald Rosen ruled Tuesday that Cox’s deposition, scheduled for Dec. 11, will be sealed.

But Assistant Attorney General Frank Monticello sent a letter Nov. 5 to attorneys Norman Yatooma and Robert Zawideh, who represent Greene’s family, requesting the open forum.

“The Attorney General would welcome having the deposition in Judge Rosen’s courtroom open to the public,” Monticello wrote.

The lawsuit alleges that City of Detroit officials conspired to thwart the investigation into Greene’s April 30, 2003, unsolved slaying. Greene was rumored to have danced at the never-proven party in fall 2002 at the Manoogian Mansion.

Cox deemed the party an urban legend after an investigation into the party rumors in 2003. He said he has nothing to hide and that the probe turned up no evidence of a party.

John Brennan, a Cooley Law School professor and ex-federal prosecutor, said Cox’s offer is “unprecedented in recent history. It is unusual, but I don’t think it is improper.”

Attorneys general usually do not sit for depositions, Brennan said Wednesday, but there could be other factors.

Cox is running for governor and there is a persistent cloud around the whole Manoogian Mansion party, he said.

“He may feel, ‘OK, fine. Let’s do it in open court, in public, and ask me anything you want,’ ” Brennan said.

Bill Ballenger, editor of Inside Michigan Politics, agreed.

“He’s calling everyone’s bluff and saying: ‘I have nothing to hide and let’s bring it all in the open,’ ” Ballenger said.

Yatooma said Wednesday he’d welcome a public deposition.

“But that’s neither a decision for me or him to make,” he said of Cox.

Peter Henning, a Wayne State University law professor and former federal lawyer, said he doubts that a judge would OK such a move.

“Depositions are part of pretrial discovery and that’s supposed to be between the lawyers,” he said.

http://www.freep.com/article/20091112/NEWS01/911120402/Open-the-hearing–Cox-says