Bob Bashara's defense attorney involved in pair of conflicts over subpoenas' use
June 18, 2012
An attorney representing Bob Bashara, who is suspected in his wife's homicide, is being called before the presiding judge of Wayne County Circuit Court's criminal division this week over his apparent unauthorized use of a subpoena.
Attorney David Griem is waging his own battle, filing a motion with the Michigan Court of Appeals against prosecutors for what he calls their unconstitutional use of investigative subpoenas.
The warring over subpoenas comes nearly four months after the death of Grosse Pointe Park resident Jane Bashara, who was strangled in January. Bob Bashara was called a person of interest in the case but has not been charged.
Nevertheless, a subpoena filed in Griem's name was issued to a company last month seeking employment records for Joseph Gentz, the only person who has been charged in the case. The subpoena lists the case as People of the State of Michigan v. Robert Bashara. However, it has no case number.
Judge Timothy Kenny has set a hearing on the matter for Friday.
Legal experts say state law has no provision that allows for a defense attorney to issue subpoenas without a pending case.
Gentz's attorneys were taken aback when they learned of the attempts to subpoena his work records.
"What's going on here?" asked Susan Reed, one of his lawyers, adding that the subpoena appears to be improper since there is no pending case against Bashara. "There's a court rule on it."
Griem wouldn't comment on the subpoena, instead questioning the "unconstitutional use of the investigative subpoena process" by the Wayne County Prosecutor's Office.
Griem said his office filed a motion Wednesday with the Michigan Court of Appeals. He said he couldn't discuss specifics of the motion, which is under seal. He said he expects the appellate judges to make their ruling based on written arguments.
Maria Miller, a spokeswoman for the Prosecutor's Office, said there is an order from the Court of Appeals sealing the matter "and we are strictly precluded from speaking about it."
"Further, the Bashara homicide remains under investigation, and we will not comment on this ongoing investigation," she said.
According to Griem, multiple witnesses subpoenaed by the Prosecutor's Office have later said investigators and prosecutors began by spending several minutes "telling the witness why they believe Bob Bashara is guilty.
"Don't you think that has an impact on a potential witness?" Griem asked, noting that he asked the Court of Appeals to intervene because the Prosecutor's Office is "out of control."
But Griem would not talk about the subpoena he appears to have issued, signed and sent along with a note on letterhead from his office.
The letter requests employment records from Detroit-based Tranor Industries, for Gentz, who was a handyman for Bashara...
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The letter from Griem's office says Gentz worked as a "diesetter" for Ronart Industries, "which was subsequently purchased by Tranor Industries LLC." The letter goes on to say, "In order to avoid having to appear, please provide the requested information contained therein by fourteen (14) days of the date of the Subpoena."
The subpoena indicates a representative of the company was ordered to appear in Griem's office at 10 a.m. today. An attorney for Tranor Industries declined to comment Friday.
The subpoena appears to be yet another example of Griem's unorthodox tactics in the case. He's had Bashara appear for in-depth local and national interviews, has aggressively criticized police and prosecutors for their investigation and alleged leaks and has announced he's conducting his own investigation in the search for Jane Bashara's killer.
Richard Krisciunas, a University of Detroit Mercy law professor and former top Wayne County prosecutor, said the purpose of the subpoena, which appears to have been issued by Griem, was likely an attempt to preserve evidence in the event that Bashara is charged.
"I don't think the statute authorizes such use of the subpoena," Krisciunas said, "but I understand what he's doing."
The better method, Krisciunas said, may have been to file a motion expressing he anticipates his client will be charged and then request the court allow him to subpoena and preserve the evidence.
Larry Dubin, also a law professor at the University of Detroit Mercy, said Michigan law gives prosecuting attorneys the power to obtain investigative subpoenas prior to criminal charges being instituted.
"This subpoena power can be used to obtain physical evidence as well as testimony from potential witnesses," he said. "This subpoena power prior to criminal charges being instituted is generally reserved only for the use by prosecuting attorneys."
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Source: http://www.freep.com/article/201206...olved-in-pair-of-conflicts-over-subpoenas-use
Detroit— The man who claims he was paid to kill Jane Bashara will likely try to cut a plea deal with prosecutors if he's ruled competent to stand trial by an independent psychologist, his attorney said Monday...
