Attorneys for Gentz, Bashara fight over filings
11:16 PM, June 30, 2012
By
Joe Swickard
Detroit Free Press
Defense attorney Susan Reed is asking that Bob Basharas lawyer be held in contempt of court for issuing unauthorized subpoenas for the work records of her client, handyman Joe Gentz, whos accused of killing Basharas wife.
The motion was filed Friday in Detroits 36th District Court and asks for Griem to testify under oath about any material he got through improper subpoenas action the motion labeled criminal abuse of process.
David Griem had no authority to do what he did, Reed said Saturday.
This is just not something that you can let go. He needs to be held accountable.
Griem sent out subpoenas in May, saying he was seeking information about Gentz for a pending criminal case against Bashara. However, there was no pending criminal case when he sent out the subpoenas and Michigan court rules prohibit private attorneys issuing subpoenas when there is no case.
The subpoenas came to light when one of the recipients contacted Reed.
Told of Reeds motion Saturday evening, Griem said her action came without warning. He also said it was her second attempt to have him punished and that shes formed an
unholy alliance with Wayne County assistant prosecutor Lisa Lindsey.
He said Reed is
trying to get a second bite of the apple.
Theres already been a hearing on this issue and I guess she didnt like the outcome, he said.
Griem was called before Presiding Judge Timothy Kenny of the Wayne County Circuit Court criminal division in June and was told to inform anyone who got a subpoena not to honor it.
On Saturday, Griem said
Reed sat near the prosecutors during the hearing before Kenny, an indication, he said,
of the forces arrayed against Bashara.
This is tag-team match where they take turns beating up on Bob Bashara, he said.
Maria Miller, spokeswoman for the Wayne County Prosecutors Office, said,
There is no legal authority for Griem to issue a subpoena in a nonexistent case. Reed is certainly acting appropriately as Gentzs attorney to protect his rights by filing the motion. She had no comment on Griems allegations that Reed is aligned with the prosecutors office. No date has been set for any action on Reeds motion.
The subpoena fracas flared just days before Basharas arrest Monday on charges he was trying to recruit a hitman to kill Gentz in the Wayne County Jail, where is being held on murder and conspiracy charges.
Investigators have said Gentz told them Bob Bashara hired him to kill his wife, Jane Bashara, who disappeared from her Grosse Pointe Park home in January.
The next day, she was found strangled in the back seat of her Mercedes-Benz SUV that was ditched in an east side Detroit alley.
Bashara has not been charged with the killing but was termed a person of interest early in the investigation.
Griem said
Basharas arrest for solicitation to murder undercuts any bargaining leverage Reed hoped to use to get Gentz a deal in exchange for his testimony against Bashara.
Her negotiations took a terrible hit when Bob Bashara got arrested because hes now facing a life felony and they dont need Joe Gentzs testimony, Griem said.
Gentz is undergoing a second evaluation to see if he is mentally competent to stand trial. A state evaluation found him competent and Reed requested a private evaluation of his mental condition.
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Source:
http://www.freep.com/article/201206...rney-asks-contempt-charges-Bashara-s-attorney
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Related Links:
PDF: Attorney Susan Reed's filing against Atty David Griem
or if above link at the source ever dies, you can download it from
HERE
or view it here in JPG format: (under
Spoiler below)
