Did Bashara's attorney violate rules?
Bob Bashara's attorney faces a judge to be questioned on possible violation of court rules
Posted: 1:06 PM
Last Updated: 4 minutes ago
By:
Heather Catallo
(WXYZ) - Bob Bashara’s attorney had to face a judge today to explain why he issued a subpoena which legal experts say violates the court rules.
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Judge Kenny said the court rules do not allow Griem to send subpoenas for cases that don’t currently exist.
“I bear the weight of responsibility for my office. In hindsight, I would have not authorized my office to go forward with a subpoena, but I did,” Griem told Judge Kenny.
Griem says he was trying to get records from one of Gentz’s former employers. He admitted he also sent a subpoena to a cell phone company. Judge Kenny asked him to withdraw that subpoena as well. Griem has not gotten any of the records he was seeking. But he has filed a motion with the court of appeals. That motion is currently under seal.
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http://www.wxyz.com/dpp/news/local_...estioned-on-possible-violation-of-court-rules
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VIDEO was added at the link (better quality than the one posted earlier ... and longer) ---- (3:09)
“In hindsight, I would not have authorized my office to go forward with a subpoena, but I did,” Griem told Judge Kenny.
Griem suggested that his assistant was to blame for the subpoena.
“I bear the weight and responsibility for my office,” said Griem.
Griem told the judge that he was trying to get Joe Gentz’s employment records from Tranor Industries in Detroit.
The judge, prosecutors, and Gentz’s attorney all questioned why the subpoena would bear the title “People v. Robert Bashara” when there is no such case.
The subpoena also had the wrong court address on it: it listed the Coleman A. Young Municipal Center – which houses the civil division of the court. The criminal division is inside the Frank Murphy Hall of Justice – a totally separate building.
“I’m having a hard time understanding when you filed your… motion as it relates to the handwriting sample, it made it to the right place. And then all of a sudden when they’re issuing subpoenas, with no case number on it, with a fictitious case name, it ends up with the wrong address and phone number,” said Assistant Wayne County Prosecutor Lisa Lindsey.
Joe Gentz’s attorney, Susan Reed, told Judge Kenny she was very disturbed by what Griem did.
“I’m not satisfied with the explanation. I intend to on behalf of my client pursue this to see exactly what happened and what was the intent behind this,” said Reed.
Larry Dubin is a legal ethics expert at the University of Detroit Mercy Law School. He says the judge could decide that Griem crossed the line with the unauthorized subpoena.
“There’s an ethics rule that says you’re not supposed to engage in any type of proceeding, that is frivolous, that is w/out merit,” Dubin told 7 Action News Investigator Heather Catallo.
Griem also told the judge that he issued a second subpoena for cell phone records.
Judge Kenny asked him to write a letter withdrawing the subpoena.
Griem has also filed a motion with the court of appeals but that is under seal, and it’s not clear when the court will issue a ruling.
Griem did not return calls seeking comment today.