Tamara Greene case: Federal Court of Appeals Affirms Dismissal By The Lower Court

[swingline]

http://www.detroitnews.com/article/2...text|FRONTPAGE

Thankfully for the City and its taxpayers, the Court of Appeals was not swayed by Mr. Kilpatrick's and his police department's sketchy conduct in the Greene investigation, nor by Mr. Kilpatrick's criminal behavior as mayor in general.

The plaintiffs' attorney, Norman Yatooma, tried to bootstrap Kilpatrick corruption into a multi-million payout, but the appellate court did not lose sight of the true legal issues. It concluded that the evidence failed to prove a likelihood that the killer[[s) would have been found even if the sketchy Kilpatrick/police conduct had not occurred. http://www.ca6.uscourts.gov/opinions...3a0119p-06.pdf Yes, Mr. Kilpatrick and his police department were corrupt, but the law doesn't allow that fact alone to support a million dollar payday to Ms. Greene's family.

The only recourse for the plaintiffs now is the US Supreme Court. Hopefully it will affirm the appellate court.

[One Shot]

I think way to many high-ups were involved with this and thats why nothing can be found. If it didn't happen fine but the whole thing still stinks...to me.

[jt1]

I think way to many high-ups were involved with this and thats why nothing can be found. If it didn't happen fine but the whole thing still stinks...to me.

I still don't understand why the media continues to gloss over the fact that her man was a drug dealer. Ya know, when you hang with dealers there is often the possibility that you may put yourself in harm's way.

Kwame may have had a hand in it but that sounds more like a conspiracy compared to the fact that maybe, just maybe her drug dealer man had some enemies. I guess that doesn't make good print

[bragaboutme]

I don't understand how you can have several witnesses stating they saw the mishandling of this case firsthand and the judgement be upheld. If they lowered the amount they are trying to seek, would that mean the case would be overturned? I don't get this one...

[swingline]

I don't understand how you can have several witnesses stating they saw the mishandling of this case firsthand and the judgement be upheld. If they lowered the amount they are trying to seek, would that mean the case would be overturned? I don't get this one...

The claim pursued by Mr. Yatooma required that he prove a lot more than merely demonstrating that Mr. Kilpatrick and his police cronies obstructed the murder investigation. [[And indeed he couldn't even conclusively prove that.) He had to prove at a minimum that a reasonable probability existed that Ms. Greene's killer would have been found had there been no obstruction of the investigation. Unfortunately for the plaintiffs, the evidence assembled over many years in the investigation file did not point at anybody as a potential murderer. Without a reasonable likelihood that the case would ever get solved, Mr. Yatooma could not prove that Mr. Kilpatrick caused him to lose anything.

This is how the court explained it:

Plaintiffs fail to point to anything indicating any reasonable probability of Greene’s killer being found in the absence ofthe alleged obstruction. If Stevenson’s missing disks and notes contained information likely to lead to Greene’s killer, Stevenson should have been able to describe that information. Greene’s missing cell phone might have shed light on the killer’s identity, but records of the calls made to and from the phone were in the homicide file, and there is no indication of what additional value the phone might have had. Plaintiffs’ expert, William R. Rice, testified that the transfers of the Greene investigation led to losing continuity and trust with witnesses and “interfered with the progress of the investigation,” but did not point to any concrete productive lead or witness relationship lost. Even assuming that all missing items and counterproductive personnel assignments were pursuant to a policy of obstruction, Plaintiffs fail to raise a genuine question of disputed fact as to whether a reasonable probability exists that Greene’s killer would have been found absent the alleged policy.

Thus, the district court did not err in granting summary judgment in favor of Kilpatrick and the City of Detroit

P.S. The plaintiff's expert, William Rice, has been indicted for mortgage fraud. That was another large wrench in Mr. Yatooma's case.

[bragaboutme]

Ohh, ok I get it. It's saying that eventhough the files where missing, nothing in the files would've lead to the killier. The cell phone, which happened to be in the file, had no indication of leading to the killer. Stevenson not being able to recall what was on those lost files, disk, and notes. Mr. William rices' testamony. Then the transfer lost more info., and trust of the witnesses. It seems like the law is on the killers side, more than the victim on this one. I was under the impression the case was about obstruction more so than if the info in those file would've found a killer. Then the courts hands are tied from lack of evidence.

[Cliffy]

Yatooma knew he had no case but he got a lot of advertisement out of it so he doesn't care. Like Feiger and Kevorkian.

[Gannon]

Wasn't it Yatooma whose diligence brought the text messages to everyone's attention?

He is one of the heroes in all this, and it WAS conspiracy that kept him from winning. Clearly.

Then again, y'all forget that one of the early complaints amongst the more honest of the Kwamster's guard detail was about meetings in the CAY with the biggest drug dealers in town.

Kwhyme dealt the same way J.Edgar Hoover's FBI did...he had things on people that could be used to get them to do things they otherwise wouldn't. Hold back on a huge bust, and that person was in his pocket until needed. I met one convicted felon who directly told me they'd been busted, but were indebted to the Big Diamond because their latest bust never got into the system. I wonder how many times Kwhyme pulled that string.

For this one, he simply had one of his dealer friends fall on his sword and take a public stand which would induce just enough doubt to derail the judgement.

Nah, for those who want to continue believing the Boogian Mansion party never happened...or even that Turkia Mullen is vindicated for collaborating with Ficano, another recent loss to those who seek true justice...just because the case finds its legal limits doesn't mean everyone involved is innocent.

[Gistok]

Gannon... no it was lawyer Stefani who brought out the text messages... Yatooma later got hold of them...

[ct_alum]

Right on Gannon! Guess who scurried around the night of the party picking up the run sheets...............Wait for it..................None other than now Chief Logan - Surprise!

What about the "attempted suicide" by hit man Smothers in jail - Guess he got the message. He was just about to give up the goods on Kwame and his KY connect when Tolbert busted up the interview.

If the Feds ever went after all of the obstruction of justice cases in DPD most of the former and current command staff would be in jail [[and should be). Wonder why they haven't, there is plenty of low hanging fruit.

Isn't it odd the nobody can find out how Carlita has been paying for that big house in Texas? Nobody knows/can find out who is paying the rent? Why wasn't Freaky Chris called to testify at the trial? Who paid/is paying her legal bills?

Kind of ironic, now Kwame is the fall guy - That sure was a stellar defense they put up for him - Calling Sharon McPhail as a character witness? LMFAO. Guess he desn't want to be an "attempted suicide" victim himself!