Lawyers want Greene appeal on fast track
Originally Posted on DetNews.com >>
July 30, 2012 at 11:07 am Lawyers want Greene appeal on fast track
By Robert Snell | The Detroit News
Detroit— The family of slain exotic dancer Tamara "Strawberry" Greene wants to fast-track an appeal of a judge's dismissal of a $150 million civil lawsuit against the city and former Mayor Kwame Kilpatrick.
Greene's family asked the 6th U.S. Circuit Court of Appeals in Ohio on Friday to expedite oral argument before the end of the year, saying too much time has passed since the woman's unsolved slaying in 2003.
And a new court filing indicates Greene's killing in a drive-by shooting is being probed by the Michigan State Police Violent Crimes Task Force.
"The events leading to this action occurred began 10 years ago, witnesses' memories have been fading, witnesses have died or disappeared, and documents have disappeared," Greene family lawyer Howard Lederman wrote in a request filed Friday.
The appeal was filed in late November, three weeks after Chief U.S. District Judge Gerald Rosen dismissed the lawsuit, which accused Detroit and Kilpatrick of quashing an investigation into Greene's death in 2003.
Greene, 27, was killed in a drive-by shooting several months after she was linked to a rumored, but never proven, party at the mayoral Manoogian Mansion in fall 2002.
The appeal brief was filed under seal, but Kilpatrick and the city have replied, urging the appeals court to affirm Rosen's dismissal.
"To date, despite all of the depositions and avenues provided to gather discovery, not one individual came forward and testified that Kwame Kilpatrick obstructed or interfered with the investigation of the homicide of Tamara Greene or that Mr. Kilpatrick conspired with anyone to obstruct or interfere with that investigation," the former mayor's lawyer Michael Naughton wrote.
Greene's family failed to show Rosen erred in dismissing the lawsuit, city lawyer John Schapka wrote.
"Plaintiffs persist in arguing the same inadmissible matters which failed them earlier, all the while proclaiming that the district court ignored their 'evidence,'" Schapka wrote.
In dismissing the lawsuit, Rosen concluded there was not enough evidence to show municipal liability and said none of the officers testified they were forbidden from investigating Greene's death.
The dismissal included a sharp rebuke of Kilpatrick's scandal-marred tenure.
"Nothing in this opinion should be construed as the court's having turned a blind eye to the dismaying and distressing record compiled during the Kilpatrick administration, with its numerous instances of unethical conduct, criminal wrongdoing, official hubris and utter disregard for the obligations owed by public officials," the judge wrote.
The city says Greene's death was not connected to a rumored party and suggests Greene was killed after being caught up between two alleged drug dealers.
A retired Detroit Police homicide detective testified during an unrelated trial that he believes Darrett King shot Greene on April 30, 2003.
Former homicide investigator Mike Carlisle testified that evidence against King is strong, but circumstantial. Carlisle was unable to persuade Wayne County Prosecutor Kym Worthy to charge King with Greene's death.
King has denied killing Greene.
King has admitted knowing and arguing with Greene and Eric Mitchell, Greene's companion when she was shot. King's wife owned a car that matched the one Greene's killer used. King is left handed, just like Greene's killer. And another felon was prepared to testify that King had bragged about killing Greene, Carlisle said.
In 2009, King was sentenced to 19-30 years for unrelated crimes.
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