Cox seeks to open Greene suit testimony to public
If Michigan Attorney General Mike Cox had his way, the public would be invited to watch his deposition in the Tamara Greene lawsuit.
U.S. District Chief Judge Gerald Rosen ruled Tuesday that Cox’s deposition, tentatively 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.
Yatooma today said he’d be happy to have a public deposition.
“But that’s neither a decision for me or him to make,” he said of Cox. “That’s a decision for Judge Rosen and as it stands Judge Rosen has determined that all depositions be sealed.”
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 before being beat up by former Mayor Kwame Kilpatrick’s wife, Carlita.
Cox, in a now infamous quote, deemed the party an “urban legend” after a state investigation into the party rumors in 2003. He maintains that he has nothing to hide and the investigation turned up no evidence of a party.
John Brennan, a Cooley Law School professor and former 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, but there could be other factors at play.
“Yes, this is unusual, but these are unusual political times,” he said.
Cox is running for governor and there is a persistent cloud around the whole Manoogian Mansion party, he said. Cox may believe that the questions may linger until he effectively puts them to rest, Brennan said.
“He may feel, ‘OK, fine. Let’s do 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. “I think it’s a win-win situation for him to do this. Even if it’s not allowed, he can say that he asked for it.”
Peter Henning, a Wayne State University law professor and former federal lawyer, said he doubts that a judge would OK such a move.
“Federal judges and magistrates just don’t want to get involved at this level,” Henning said. “Depositions are part of pretrial discovery and that supposed to be between the lawyers. You don’t need a judge unless there’s a significant dispute.”
